Case: Black Emergency Response Team v. O'Connor

5:21-cv-01022 | U.S. District Court for the Western District of Oklahoma

Filed Date: Oct. 19, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 19, 2021, the plaintiffs, who included both individuals and organizations, filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The individuals were Oklahoma students and teachers and the organizations included the Oklahoma NAACP, the University of Oklahoma Chapter of American Association of University Professors, and an Oklahoma University student organization, Black Emergency Response Team. Collectively, they challenged a 2021 Oklahoma state law known…

On October 19, 2021, the plaintiffs, who included both individuals and organizations, filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The individuals were Oklahoma students and teachers and the organizations included the Oklahoma NAACP, the University of Oklahoma Chapter of American Association of University Professors, and an Oklahoma University student organization, Black Emergency Response Team. Collectively, they challenged a 2021 Oklahoma state law known as House Bill 1175 (the Bill). The named defendants included the governor of Oklahoma and members of the states’ board of education.

The Bill implemented restrictions on discussions about race and gender in elementary, secondary, and higher education institutions in Oklahoma. Criticizing the Bill as a partisan attempt to chill speech that promotes the success of historically marginalized students, the plaintiffs alleged that the Bill violated protections of the First and Fourteenth Amendments.

The plaintiffs alleged that the Bill violated students’ and educators’ First Amendment rights to receive ideas and information and to disseminate ideas. They additionally alleged that the language of the Bill was too vague, and thus failed to provide fair notice as required by the Due Process Clause of the Fourteenth Amendment. The plaintiffs also alleged that the Bill had a racially discriminatory purpose and was thus in violation of the Fourteenth Amendment.

As of January 20, 2022, the case is ongoing.

Summary Authors

Betsy Sheppard (1/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60659165/parties/black-emergency-response-team-v-oconnor/


Judge(s)
Attorney for Plaintiff

Beskin, Julia (Oklahoma)

Brodziak, Maya (Oklahoma)

Curran, Elizabeth V (Oklahoma)

Cutini, Michael (New York)

Attorney for Defendant

Cliburn, Justin C (Oklahoma)

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Documents in the Clearinghouse

Document

5:21-cv-01022

Docket [PACER]

Oct. 19, 2021

Oct. 19, 2021

Docket
1

5:21-cv-01022

Complaint

Oct. 19, 2021

Oct. 19, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60659165/black-emergency-response-team-v-oconnor/

Last updated Feb. 23, 2024, 4:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Guidance from Edmond Written, # 2 Exhibit 2 - ELA 12 Align. re 1775, # 3 Civil Cover Sheet)(jjs) (Entered: 10/19/2021)

1 Exhibit 1 - Guidance from Edmond Written

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2 Exhibit 2 - ELA 12 Align. re 1775

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3 Civil Cover Sheet

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Oct. 19, 2021

Oct. 19, 2021

Clearinghouse

Payment for a Civil Case

Oct. 19, 2021

Oct. 19, 2021

PACER
2

ENTRY of Appearance by Megan E Lambert on behalf of All Plaintiffs (Lambert, Megan) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
3

Summons Issued Electronically as to All Defendants. (jjs) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER

PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3782948. (Lambert, Megan)

Oct. 19, 2021

Oct. 19, 2021

PACER
4

MOTION for Leave to Appear Pro Hac Vice Emerson Sykes Filing fee $ 50, receipt number AOKWDC-3783810 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
5

MOTION for Leave to Appear Pro Hac Vice Sarah Hinger Filing fee $ 50, receipt number AOKWDC-3783824 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
6

MOTION for Leave to Appear Pro Hac Vice Leah Watson Filing fee $ 50, receipt number AOKWDC-3783839 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
7

MOTION for Leave to Appear Pro Hac Vice Genevieve Bonadies Torres Filing fee $ 50, receipt number AOKWDC-3783845 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
8

MOTION for Leave to Appear Pro Hac Vice David Hinojosa Filing fee $ 50, receipt number AOKWDC-3783861 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
9

MOTION for Leave to Appear Pro Hac Vice Gary Stein Filing fee $ 50, receipt number AOKWDC-3783869 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
10

MOTION for Leave to Appear Pro Hac Vice Michael Cutini Filing fee $ 50, receipt number AOKWDC-3783876 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
11

MOTION for Leave to Appear Pro Hac Vice Sara Solfanelli Filing fee $ 50, receipt number AOKWDC-3783880 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
12

MOTION for Leave to Appear Pro Hac Vice Elahe Hosseini Filing fee $ 50, receipt number AOKWDC-3783884 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
13

MOTION for Leave to Appear Pro Hac Vice Amir Shakoorian Filing fee $ 50, receipt number AOKWDC-3783891 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
14

MOTION for Leave to Appear Pro Hac Vice Ramya Sundaram Filing fee $ 50, receipt number AOKWDC-3783895 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - PHV Application)(Lambert, Megan) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
15

ORDER granting 9 Motion to Appear Pro Hac Vice and permitting attorney Gary Stein to appear as counsel of record in this matter for Plaintiffs, subject to attorney Gary Stein filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
16

ORDER granting 5 Motion to Appear Pro Hac Vice and permitting attorney Sarah Hinger to appear as counsel of record in this matter for Plaintiffs, subject to attorney Sarah Hinger filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
17

ORDER granting 10 Motion to Appear Pro Hac Vice and permitting attorney Michael Cutini to appear as counsel of record in this matter for Plaintiffs, subject to attorney Michael Cutini filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
18

ORDER granting 7 Motion to Appear Pro Hac Vice and permitting attorney Genevieve Bonadies Torres to appear as counsel of record in this matter for Plaintiffs, subject to attorney Genevieve Bonadies Torres filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
19

ORDER granting 6 Motion to Appear Pro Hac Vice and permitting attorney Leah Watson to appear as counsel of record in this matter for Plaintiffs, subject to attorney Leah Watson filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
20

ORDER granting 14 Motion to Appear Pro Hac Vice and permitting attorney Ramya Sundaram to appear as counsel of record in this matter for Plaintiffs, subject to attorney Ramya Sundaram filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
21

ORDER granting 4 Motion to Appear Pro Hac Vice and permitting attorney Emerson Sykes to appear as counsel of record in this matter for Plaintiffs, subject to attorney Emerson Sykes filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
22

ORDER granting 11 Motion to Appear Pro Hac Vice and permitting attorney Sara Solfanelli to appear as counsel of record in this matter for Plaintiffs, subject to attorney Sara Solfanelli filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
23

ORDER granting 13 Motion to Appear Pro Hac Vice and permitting attorney Amir Shakoorian Tabrizi to appear as counsel of record in this matter for Plaintiffs, subject to attorney Amir Shakoorian Tabrizi filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
24

ORDER granting 12 Motion to Appear Pro Hac Vice and permitting attorney Elahe Hosseini to appear as counsel of record in this matter for Plaintiffs, subject to attorney Elahe Hosseini filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
25

ORDER granting 8 Motion to Appear Pro Hac Vice and permitting attorney David Hinojosa to appear as counsel of record in this matter for Plaintiffs, subject to attorney David Hinojosa filing an entry of appearance, see LCvR 83.4, by November 4, 2021 on the form prescribed by the Clerk of the Court. Signed by Judge Charles Goodwin on 10/21/2021. (jb) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
26

SUMMONS Returned Executed by American Indian Movement Indian Territory, Black Emergency Response Team, Anthony Crawford, Regan Killackey, University of Oklahoma Chapter of the American Association of University Professors, Precious Lloyd, Oklahoma State Conference of the National Association for the Advancement of Colored People. All Defendants. (Lambert, Megan) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP
27

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1 - H.B. 1775, # 2 Exhibit 2 - HB 1775 Emergency Rules, # 3 Exhibit 3 - BERT Declaration, # 4 Exhibit 4 - OU-AAUP Declaration, # 5 Exhibit 5 - NAACP-Oklahoma Declaration, # 6 Exhibit 6 - AIM Indian Territory Declaration, # 7 Exhibit 7 - S.L. Declaration, # 8 Exhibit 8 - Anthony Crawford Declaration, # 9 Exhibit 9 - Regan Killackey Declaration, # 10 Exhibit 10 - Dr. Marvin Lynn Declaration)(Lambert, Megan) (Entered: 10/29/2021)

1 Exhibit 1 - H.B. 1775

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2 Exhibit 2 - HB 1775 Emergency Rules

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3 Exhibit 3 - BERT Declaration

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4 Exhibit 4 - OU-AAUP Declaration

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5 Exhibit 5 - NAACP-Oklahoma Declaration

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6 Exhibit 6 - AIM Indian Territory Declaration

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7 Exhibit 7 - S.L. Declaration

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8 Exhibit 8 - Anthony Crawford Declaration

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9 Exhibit 9 - Regan Killackey Declaration

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10 Exhibit 10 - Dr. Marvin Lynn Declaration

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Oct. 29, 2021

Oct. 29, 2021

RECAP
28

ENTRY of Appearance by Gary Stein on behalf of Black Emergency Response Team (Stein, Gary) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

RECAP
29

ENTRY of Appearance by Michael G Cutini on behalf of Black Emergency Response Team (Cutini, Michael) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
30

ENTRY of Appearance by Gary Stein on behalf of All Plaintiffs (Stein, Gary) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
31

ENTRY of Appearance by Michael G. Cutini on behalf of All Plaintiffs (Cutini, Michael) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
32

ENTRY of Appearance by Sara Solfanelli on behalf of All Plaintiffs (Solfanelli, Sara) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
33

ENTRY of Appearance by Ramya A Sundaram on behalf of All Plaintiffs (Sundaram, Ramya) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
34

ENTRY of Appearance by Elahe Hosseini on behalf of All Plaintiffs (Hosseini, Elahe) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
35

ENTRY of Appearance by Amir A Shakoorian Tabrizi on behalf of All Plaintiffs (Shakoorian Tabrizi, Amir) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
36

ENTRY of Appearance by Genevieve Bonadies Torres on behalf of All Plaintiffs (Torres, Genevieve) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
37

ENTRY of Appearance by Leah Watson on behalf of All Plaintiffs (Watson, Leah) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
38

ENTRY of Appearance by Sarah A Hinger on behalf of All Plaintiffs (Hinger, Sarah) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
39

ENTRY of Appearance by Genevieve Bonadies Torres on behalf of All Plaintiffs (Torres, Genevieve) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
40

ENTRY of Appearance by Emerson Sykes on behalf of All Plaintiffs (Sykes, Emerson) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
41

RETURN OF SERVICE - NON SUMMONS for Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction, including attachments Exhibits #1 to 10 (Exhibit #1 - H.B. 1775, Exhibit #2 - HB 1775 Emergency Rules, Exhibit #3 - BERT Declaration, Exhibit #4 - OU-AAUP Declaration, Exhibit #5 - NAACP-Oklahoma Declaration, Exhibit #6 - AIM Indian Territory Declaration, Exhibit #7 - S.L. Declaration, Exhibit #8 - Anthony Crawford Declaration, Exhibit #9 - Regan Killackey Declaration, Exhibit #10 - Dr. Marvin Lynn Declaration) by American Indian Movement Indian Territory, Black Emergency Response Team, Anthony Crawford, Regan Killackey, Precious Lloyd, Oklahoma State Conference of the National Association for the Advancement of Colored People, University of Oklahoma Chapter of the American Association of University Professors (Sykes, Emerson) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
42

ENTRY of Appearance by M Daniel Weitman on behalf of Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson (Weitman, M) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
43

ENTRY of Appearance by Tina S Ikpa on behalf of Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson (Ikpa, Tina) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
44

ENTRY of Appearance by F Andrew Fugitt on behalf of Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood (Fugitt, F) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
45

ENTRY of Appearance by Justin C Cliburn on behalf of Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood (Cliburn, Justin) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
46

ENTRY of Appearance by Zachary P West on behalf of Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington (West, Zachary) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
47

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

RECAP
48

ENTRY of Appearance by Andy N Ferguson on behalf of Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington (Ferguson, Andy) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
49

ORDER granting 47 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction. Defendants shall file their response on or before December 10, 2021. Signed by Judge Charles Goodwin on 11/09/2021. (jb) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
50

AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Guidance from Edmond Written, # 2 Exhibit 2 - ELA 12 Align. re 1775)(Lambert, Megan) (Entered: 11/09/2021)

1 Exhibit 1 - Guidance from Edmond Written

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2 Exhibit 2 - ELA 12 Align. re 1775

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Nov. 9, 2021

Nov. 9, 2021

RECAP
51

MOTION to Dismiss by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson. (Attachments: # 1 Exhibit HB 1775)(Weitman, M) (Entered: 11/23/2021)

1 Exhibit HB 1775

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Nov. 23, 2021

Nov. 23, 2021

RECAP
52

MOTION to Dismiss Amended Complaint by Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood. (Cliburn, Justin) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

RECAP
53

ANSWER to 50 Amended Complaint by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington.(Ferguson, Andy) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

RECAP
54

UNOPPOSED MOTION for Extension of Time by All Plaintiffs. (Lambert, Megan) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
55

ORDER granting 54 Motion for Extension of Time. Plaintiffs shall file their response briefs on or before January 13, 2022. Signed by Judge Charles Goodwin on 12/07/2021. (jb) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

RECAP
56

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

RECAP
57

ORDER granting 56 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction . Defendants shall file their response on or before December 16, 2021. Signed by Judge Charles Goodwin on 12/09/2021. (jb) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

PACER
58

RESPONSE in Opposition re 27 MOTION for Preliminary Injunction filed by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson. (Weitman, M) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

RECAP
59

MOTION to Strike Affidavits by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson. (Ikpa, Tina) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

RECAP
60

RESPONSE to Motion re 27 MOTION for Preliminary Injunction filed by Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood. (Attachments: # 1 Exhibit Ex. 1-Aff. of Emily Steele, # 2 Exhibit Ex. 2-Aff. of Jacqueline Rasnic)(Cliburn, Justin) (Entered: 12/16/2021)

1 Exhibit Ex. 1-Aff. of Emily Steele

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2 Exhibit Ex. 2-Aff. of Jacqueline Rasnic

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Dec. 16, 2021

Dec. 16, 2021

RECAP
61

RESPONSE in Opposition re 27 MOTION for Preliminary Injunction filed by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (Attachments: # 1 Exhibit 1- Ark AG Op, # 2 Exhibit 2- Mont AG Op, # 3 Exhibit 3- Taylor Affidavit, # 4 Exhibit 4- Barresi Affidavit, # 5 Exhibit 5- HB 1775 Vote Record, # 6 Exhibit 6- Jones Affidavit, # 7 Exhibit 7- NEA Guide)(Ferguson, Andy) (Entered: 12/16/2021)

1 Exhibit 1- Ark AG Op

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2 Exhibit 2- Mont AG Op

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3 Exhibit 3- Taylor Affidavit

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4 Exhibit 4- Barresi Affidavit

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5 Exhibit 5- HB 1775 Vote Record

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6 Exhibit 6- Jones Affidavit

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7 Exhibit 7- NEA Guide

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Dec. 16, 2021

Dec. 16, 2021

RECAP
62

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Strike Affidavits, 61 Response in Opposition to Motion,, 58 Response in Opposition to Motion, 60 Response to Motion, by All Plaintiffs. (Lambert, Megan) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

RECAP
63

ORDER granting 62 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Strike Affidavits, 61 Response in Opposition to Motion,, 58 Response in Opposition to Motion, 60 Response to Motion, . Plaintiffs shall file their replies in support of their motion for preliminary injunction (Doc. No. 27 ) and their response in opposition to the motion to strike (Doc. No. 59 ) on or before January 13, 2022. Signed by Judge Charles Goodwin on 12/21/2021. (jb) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

RECAP
64

UNOPPOSED MOTION for Leave to File Excess Pages by All Plaintiffs. (Lambert, Megan) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

RECAP
65

ORDER granting 64 Motion for Leave to File Excess Pages. Plaintiffs may file a combined reply brief in support of their Motion for Preliminary Injunction of 25 pages or less. Signed by Judge Charles Goodwin on 01/12/2022. (jb) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
66

REPLY to Response to Motion re 27 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Second BERT Declaration, # 2 Exhibit 2 - John Doe Declaration, # 3 Exhibit 3 - EPS English 2019 Curriculum)(Lambert, Megan) (Entered: 01/13/2022)

1 Exhibit 1 - Second BERT Declaration

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2 Exhibit 2 - John Doe Declaration

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3 Exhibit 3 - EPS English 2019 Curriculum

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Jan. 13, 2022

Jan. 13, 2022

RECAP
67

RESPONSE in Opposition re 51 MOTION to Dismiss by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, and Eric Stevenson filed by All Plaintiffs. (Lambert, Megan) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
68

RESPONSE in Opposition re 52 MOTION to Dismiss Amended Complaint Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, and Courtney Warmington filed by All Plaintiffs. (Lambert, Megan) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
69

RESPONSE in Opposition re 59 MOTION to Strike Affidavits by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, and Eric Stevenson filed by All Plaintiffs. (Lambert, Megan) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
70

ORDER. A status conference will be held in this matter on January 25, 2022, at 02:00 p.m. Signed by Judge Charles Goodwin on 01/19/2022. (jb) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
71

REPLY to Response to Motion re 51 MOTION to Dismiss filed by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson. (Weitman, M) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
72

MOTION to Strike 66 Reply to Response to Motion, New Evidence by All Defendants. (West, Zachary) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
73

REPLY to Response to Motion re 52 MOTION to Dismiss Amended Complaint filed by Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood. (Cliburn, Justin) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
71

REPLY to Response to Motion re 51 MOTION to Dismiss filed by Phil Albert, Michael Cawley, Anita Holloway, Frank Keating, Rick Nagel, Natalie Shirley, Eric Stevenson. (Weitman, M) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
72

MOTION to Strike 66 Reply to Response to Motion, New Evidence by All Defendants. (West, Zachary) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
73

REPLY to Response to Motion re 52 MOTION to Dismiss Amended Complaint filed by Cynthia Benson, Kathleen Duncan, Angela Grunewald, Lee Ann Kuhlman, Jamie Underwood. (Cliburn, Justin) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
74

RESPONSE to Motion re 72 MOTION to Strike 66 Reply to Response to Motion, New Evidence filed by All Plaintiffs. (Lambert, Megan) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

RECAP
75

NOTICE (other) by All Plaintiffs of State Board of Education Rulemaking Process (Lambert, Megan) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
76

JOINT MOTION to Substitute Party by All Plaintiffs. (Lambert, Megan) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER
77

MOTION for Leave to File Supplemental Papers by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Plaintiffs' Proposed Supplemental Submission, # 2 Exhibit 1a - OSDE Letter, # 3 Exhibit 1b - Aug. 6, 2022 Tulsa World Article, # 4 Exhibit 1c Tulsa Public Schools Letter)(Lambert, Megan) (Entered: 08/08/2022)

1 Exhibit 1 - Plaintiffs' Proposed Supplemental Submission

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2 Exhibit 1a - OSDE Letter

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3 Exhibit 1b - Aug. 6, 2022 Tulsa World Article

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4 Exhibit 1c Tulsa Public Schools Letter

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Aug. 8, 2022

Aug. 8, 2022

RECAP
78

ENTRY of Appearance by Johanna F Roberts on behalf of All Plaintiffs (Roberts, Johanna) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
79

NOTICE (other) by All Plaintiffs re 27 MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Exhibit 1 - Honeyfund PI Order)(Lambert, Megan) (Entered: 08/24/2022)

1 Exhibit 1 - Honeyfund PI Order

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Aug. 24, 2022

Aug. 24, 2022

RECAP
80

ORDER granting 76 Motion to Substitute Party as set forth herein. Counsel for Independent School District No. 12, Oklahoma County, Oklahoma shall enter their appearances within 10 days from the date of this Order. Signed by Judge Charles Goodwin on 08/24/2022. (jb) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
81

ORDER granting 77 Motion for Leave. Plaintiffs may file the Supplemental Submission attached to their Motion as Exhibit 1 (Doc. No. 77-1) and the exhibits thereto (Doc. Nos. 77-1, 77-2, 77-3) on or before August 26, 2022. In addition, Defendants may file a supplemental response limited to the new information and argument raised in Plaintiffs' Supplemental Submission on or before September 2, 2022. Signed by Judge Charles Goodwin on 08/24/2022. (jb) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
82

ENTRY of Appearance by Justin C Cliburn on behalf of Independent School District No 12 of Oklahoma County Oklahoma (Cliburn, Justin) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
83

SUPPLEMENT re 27 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1 - OSDE Letter, # 2 Exhibit 2 - Aug. 6, 2022 Tulsa World Article, # 3 Exhibit 3 - TPS Letter)(Lambert, Megan) (Entered: 08/25/2022)

1 Exhibit 1 - OSDE Letter

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2 Exhibit 2 - Aug. 6, 2022 Tulsa World Article

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3 Exhibit 3 - TPS Letter

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Aug. 25, 2022

Aug. 25, 2022

RECAP
84

ENTRY of Appearance by F Andrew Fugitt on behalf of Independent School District No 12 of Oklahoma County Oklahoma (Fugitt, F) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

RECAP
85

MOTION for Extension of Time to File Response/Reply as to 83 Supplement by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
86

ORDER granting 85 MOTION for Extension of Time to File Response/Reply as to 83 Supplement . Defendants 1-18 may file their response on or before September 7, 2022. Signed by Judge Charles Goodwin on 09/01/2022. (jb) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
87

MOTION for Leave to Appear Pro Hac Vice for Taylor Dumpson Filing fee $ 50, receipt number AOKWDC-3985813 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Dumpson PHV)(Lambert, Megan) (Entered: 09/06/2022)

1 Exhibit 1 - Dumpson PHV

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Sept. 6, 2022

Sept. 6, 2022

RECAP
88

MOTION to Seal Exhibit by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP
89

ORDER granting 88 Motion to Seal. Signed by Judge Charles Goodwin on 09/07/2022. (jb) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP
90

RESPONSE re 83 Supplement filed by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (Attachments: # 1 Mustange Privilege Walk)(West, Zachary) (Entered: 09/07/2022)

1 Mustange Privilege Walk

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Sept. 7, 2022

Sept. 7, 2022

RECAP
91

SEALED EXHIBIT by Defendants Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington Re: 83 Supplement (West, Zachary) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
92

ORDER granting 87 Motion to Appear Pro Hac Vice. On or before September 21, 2022, Attorney Taylor Alexis Dumpson shall electronically file an entry of appearance on the form prescribed by the Clerk of Court. Signed by Judge Charles Goodwin on 09/08/2022. (jb) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

RECAP
93

ENTRY of Appearance by Taylor Alexis Dumpson on behalf of All Plaintiffs (Dumpson, Taylor) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
94

MOTION to Seal Exhibit by All Plaintiffs. (Lambert, Megan) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

RECAP
95

ORDER granting 94 Motion to Seal. Plaintiffs may file Exhibit A to their reply submission under seal. Signed by Judge Charles Goodwin on 09/14/2022. (jb) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: Oct. 19, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Educational & nonprofit organizations and individual students & teachers

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma, State

Oklahoma Superintendent of Public Instruction, State

Oklahoma State Board of Education, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

School/University policies

Discrimination-basis:

Race discrimination