D. Conn. 3:20-cv-00201 Docket

Soule v. Connecticut Assn. of Schools
No. 3:20-cv-00201, Case History (under construction)

Court: District of Connecticut (New Haven)
Assigned to: Judge Robert N. Chatigny

2nd Circuit Appeals:
20-2180 (petition to recuse Judge Chatigny)
21-1365 (order granting motions to dismiss)

Date Filed # Docket Text
02/12/2020 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5691204.), filed by Selina Soule, Alanna Smith, Chelsea Mitchell. (Attachments: # 1 Civil Cover Sheet)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 Request for Clerk to issue summons as to All Defendants. (Wood, Howard) (Entered: 02/12/2020)
02/12/2020 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Roger G. Brooks, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 Judge Robert N. Chatigny added. (Nuzzi, Tiffany) (Entered: 02/12/2020)
02/12/2020 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Jeffrey A. Shaffer, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Christiana M. Holcomb, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 5 Order on Pretrial Deadlines: Amended Pleadings due by 4/12/2020. Discovery due by 8/13/2020. Dispositive Motions due by 9/17/2020.
Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 6 ELECTRONIC FILING ORDER FOR COUNSEL – PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER
Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 7 STANDING PROTECTIVE ORDER
Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 8 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen K. Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 Order on Pretrial Deadlines, 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 6 Electronic Filing Order, 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 8 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 7 Standing Protective Order, 1 Complaint filed by Chelsea Mitchell, Alanna Smith, Selina Soule
Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 10 ORDER granting 2 Motion to Appear Pro Hac Vice as to Roger G. Brooks. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 11 ORDER granting 3 Motion to Appear Pro Hac Vice as to Jeffrey A. Shafer. Certificate of Good Standing due by 4/12/2020.. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 12 MOTION for Preliminary Injunction by Chelsea Mitchell, Alanna Smith, Selina Soule.Responses due by 3/4/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/12/2020 13 ORDER granting 4 Motion to Appear Pro Hac Vice as to Christiana M. Holcomb. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education* with answer to complaint due within *21* days. Attorney *Howard M. Wood, III* *Phelon, Fitzgerald & Wood* *773 Main St.* *Manchester, CT 06040*. (Murphy, Tatihana) (Entered: 02/12/2020)
02/12/2020 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020)
02/13/2020 16 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/13/2020)
02/14/2020 17 ORDER granting 16 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 4/14/2020. Signed by Clerk on 2/14/2020. (Murphy, Tatihana) (Entered: 02/14/2020)
02/14/2020 18 ORDER denying as moot 8 Motion to Appear pro hac vice in light of ECF No.17. Signed by Judge Robert N. Chatigny on 2/14/2020. (Rickevicius, L.) (Entered: 02/14/2020)
02/14/2020 19 NOTICE of Appearance by Dan Barrett on behalf of Andraya Yearwood, Thania Edwards (Barrett, Dan) (Entered: 02/14/2020)
02/14/2020 20 OBJECTION re 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 02/14/2020)
02/14/2020 21 NOTICE of Appearance by Jeff Shafer on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Shafer, Jeff) (Entered: 02/14/2020)
02/14/2020 22 NOTICE of Appearance by Roger Greenwood Brooks on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Brooks, Roger) (Entered: 02/14/2020)
02/14/2020 23 NOTICE of Appearance by Christiana M. Holcomb on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Holcomb, Christiana) (Entered: 02/14/2020)
02/18/2020 24 REPLY to Response to 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Howard, James) (Entered: 02/18/2020)
02/19/2020 25 NOTICE of Appearance by Kristen Waggoner on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Waggoner, Kristen) (Entered: 02/19/2020)
02/20/2020 26 SUMMONS Returned Executed by Alanna Smith, Chelsea Mitchell, Selina Soule. Bloomfield Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Canton Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Connecticut Association of Schools, Inc. served on 2/19/2020, answer due 3/11/2020; Cromwell Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Danbury Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Glastonbury Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020. (Howard, James) (Entered: 02/20/2020)
02/20/2020 27 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference Re: Next Steps set for 2/27/2020 at 2:00 PM before Judge Robert N. Chatigny. Plaintiffs’ counsel will initiate the call to chambers at 860-240-2629 (conference line only) with all counsel on the line. (Rickevicius, L.) (Entered: 02/20/2020)
02/20/2020 28 CERTIFICATE OF GOOD STANDING re 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Holcomb, Christiana) (Entered: 02/20/2020
02/20/2020 29 CERTIFICATE OF GOOD STANDING re 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Shafer, Jeff) (Entered: 02/20/2020)
02/20/2020 30 CERTIFICATE OF GOOD STANDING re 16 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Waggoner, Kristen) (Entered: 02/20/2020)
02/20/2020 31 NOTICE of Appearance by Peter Joseph Murphy on behalf of Connecticut Association of Schools, Inc. (Murphy, Peter) (Entered: 02/20/2020)
02/20/2020 32 NOTICE of Appearance by Linda L. Yoder on behalf of Connecticut Association of Schools, Inc. (Yoder, Linda) (Entered: 02/20/2020)
02/21/2020 33 NOTICE of Appearance by Johanna G. Zelman on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Zelman, Johanna) (Entered: 02/21/2020)
02/21/2020 34 NOTICE of Appearance by Elizabeth Mott Smith on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Smith, Elizabeth) (Entered: 02/21/2020)
02/21/2020 35 MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 02/21/2020)
02/21/2020 36 MOTION to Intervene as Defendants by Thania Edwards, Andraya Yearwood.Responses due by 3/13/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Barrett, Dan) (Entered: 02/21/2020)
02/21/2020 37 NOTICE of Appearance by David S. Monastersky on behalf of Canton Public Schools Board of Education, Glastonbury Public Schools Board of Education (Monastersky, David) (Entered: 02/21/2020)
02/25/2020 38 ORDER granting 35 Motion to Appear Pro Hac Vice as to Chase Strangio, Joshua Block, James Esseks,Lindsey Kaley, and Galen Sherwin, Certificate of Good Standing due by 4/25/2020. Signed by Clerk on 2/25/2020. (Murphy, Tatihana) (Entered: 02/25/2020)
02/25/2020 39 CERTIFICATE OF GOOD STANDING re 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 02/25/2020)
02/26/2020 40 NOTICE of Appearance by Galen Sherwin on behalf of Thania Edwards, Andraya Yearwood (Sherwin, Galen) (Entered: 02/26/2020)
02/26/2020 41 NOTICE of Appearance by Michael Roberts on behalf of Commission on Human Rights and Opportunities (Roberts, Michael) (Entered: 02/26/2020)
02/26/2020 42 NOTICE of Appearance by Joshua A. Block on behalf of Thania Edwards, Andraya Yearwood (Block, Joshua) (Entered: 02/26/2020)
02/26/2020 43 MOTION to Intervene by Commission on Human Rights and Opportunities.Responses due by 3/18/2020 (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit)(Roberts, Michael) (Entered: 02/26/2020)
02/26/2020 44 NOTICE of Appearance by Chase Strangio on behalf of Thania Edwards, Andraya Yearwood (Strangio, Chase) (Entered: 02/26/2020)
02/26/2020 45 NOTICE of Appearance by James D. Esseks on behalf of Thania Edwards, Andraya Yearwood (Esseks, James) (Entered: 02/26/2020)
02/26/2020 46 NOTICE of Appearance by Lindsey Kaley on behalf of Thania Edwards, Andraya Yearwood (Kaley, Lindsey) (Entered: 02/26/2020)
02/26/2020 47 Memorandum in Opposition re 36 MOTION to Intervene as Defendants filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A)(Wood, Howard) (Entered: 02/26/2020)
02/27/2020 48 NOTICE of Appearance by Peter Joseph Murphy on behalf of Danbury Public Schools Board of Education (Murphy, Peter) (Entered: 02/27/2020)
02/27/2020 49 NOTICE of Appearance by Linda L. Yoder on behalf of Danbury Public Schools Board of Education (Yoder, Linda) (Entered: 02/27/2020)
02/27/2020 50 EXHIBIT A – CORRECTED by Chelsea Mitchell, Alanna Smith, Selina Soule re 47 Memorandum in Opposition to Motion. (Wood, Howard) (Entered: 02/27/2020)
02/27/2020 51 ORDER: As discussed on the telephonic status conference, the preliminary schedule is as follows. The individual proposed intervenors will file a reply brief in support of their motion to intervene on or before March 2, 2020. The CHRO will file a supplemental brief in support of its motion to intervene on or before March 2, 2020; plaintiffs will file an opposition brief on or before March 6, 2020; and the CHRO will file a reply brief on or before March 9, 2020. Defendants will file a brief outlining their positions on the issues of the case on or before March 13, 2020. The parties will then meet and confer in person at the offices of Shipman & Goodwin LLP on March 19, 2020 at 2:00 PM to discuss the needs of the case and propose a schedule.
Signed by Judge Robert N. Chatigny on 2/27/2020.(Gazzola, Mario) (Entered: 02/27/2020)
02/27/2020 52 Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Status Conference re Preliminary Schedule held on 2/27/2020. Total Time: 1 hour and 9 minutes. (Court Reporter Warner, D.) (Pipech, L.) (Entered: 02/28/2020)
02/28/2020 53 REPLY to Response to 36 MOTION to Intervene as Defendants filed by Thania Edwards, Andraya Yearwood. (Strangio, Chase) (Entered: 02/28/2020)
03/02/2020 54 Supplemental EXHIBIT by Commission on Human Rights and Opportunities re 43 MOTION to Intervene . (Roberts, Michael) (Entered: 03/02/2020)
03/02/2020 55 Memorandum in Support re 36 MOTION to Intervene as Defendants filed by Connecticut Association of Schools, Inc.. (Murphy, Peter) (Entered: 03/02/2020)
03/03/2020 56 Memorandum in Support re 36 MOTION to Intervene as Defendants filed by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Zelman, Johanna) (Entered: 03/03/2020)
03/04/2020 57 RESPONSE re 56 Memorandum in Support of Motion, 55 Memorandum in Support of Motion by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/04/2020)
03/05/2020 58 MOTION for Extension of Time until April 20, 2020 to file an answer or otherwise respond to Complaint 1 Complaint by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Zelman, Johanna) (Entered: 03/05/2020)
03/06/2020 59 Memorandum in Opposition re 58 MOTION for Extension of Time until April 20, 2020 to file an answer or otherwise respond to Complaint 1 Complaint filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/06/2020)
03/06/2020 60 Memorandum in Opposition to Motion of the CHRO re 43 MOTION to Intervene filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Wood, Howard) (Entered: 03/06/2020)
03/09/2020 61 REPLY to Response to 43 MOTION to Intervene filed by Commission on Human Rights and Opportunities. (Roberts, Michael) (Entered: 03/09/2020)
03/11/2020 62 ORDER granting 58 Motion for Extension of Time to 4/20/2020 to file an answer or otherwise respond to the lawsuit filed by Plaintiffs. Signed by Judge Robert N. Chatigny on 3/11/2020. (Rickevicius, L.) (Entered: 03/11/2020)
03/11/2020 Answer deadline updated for Bloomfield Public Schools Board of Education to 4/20/2020; Canton Public Schools Board of Education to 4/20/2020; Connecticut Association of Schools, Inc. to 4/20/2020; Cromwell Public Schools Board of Education to 4/20/2020; Danbury Public Schools Board of Education to 4/20/2020; Glastonbury Public Schools Board of Education to 4/20/2020. (Rickevicius, L.) (Entered: 03/11/2020)
03/13/2020 63 Joint NOTICE by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education (Murphy, Peter) (Entered: 03/13/2020)
03/17/2020 64 NOTICE by Chelsea Mitchell, Alanna Smith, Selina Soule Position Re: Anonymity of minor (Howard, James) (Entered: 03/17/2020)
03/17/2020 65 Joint MOTION clarification on Proposed Intervenors’ participation in meet and confer on 3/19/2020 by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood.Responses due by 4/7/2020 (Zelman, Johanna) (Entered: 03/17/2020)
03/18/2020 66 Joint MOTION for Clarification CORRECTED by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Zelman, Johanna) (Entered: 03/18/2020)
03/18/2020 67 Memorandum in Opposition re 65 Joint MOTION clarification on Proposed Intervenors’ participation in meet and confer on 3/19/2020 filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 03/18/2020)
03/18/2020 68 ORDER granting in part and denying in part 65 Motion. Insofar as the motion seeks clarification of the right of proposed intervenor-defendants Yearwood and Edwards to participate in tomorrow’s conference, it is granted; insofar as it seeks an order permitting their counsel to actively participate in the conference in the same manner and to the same extent as counsel for the existing parties (i.e. as if their motion to intervene had already been granted unconditionally), it is denied. At this preliminary stage, and for purposes of this conference, the proposed intervenors’ legal interests are more than adequately represented by counsel for the defendants, whose position on the matters to be discussed appears to closely align with that of the proposed intervenors in all material respects. This order does not exclude counsel from attending the conference. Proposed intervenors’ counsel may attend by telephone as observers, just as counsel would be able to do if the conference were conducted in open court. Of course, proposed intervenors’ counsel is free to speak with defendants’ counsel during any breaks, again just as counsel would be able to do if the conference were in open court. The same is true of counsel for proposed intervenor-defendant CHRO. At the outset of the conference, CIAC should provide as much information as possible about the possibility that spring athletics will have to be cancelled due to the novel coronavirus pandemic, and the parties should then discuss what the impact of that would be on this case. So ordered. Signed by Judge Robert N. Chatigny on 3/18/20. (Chatigny, Robert) (Entered: 03/18/2020)
03/18/2020 69 EXHIBIT by Chelsea Mitchell, Alanna Smith, Selina Soule re 64 Notice (Other). (Brooks, Roger) (Entered: 03/18/2020)
03/19/2020 70 NOTICE of Appearance by James H. Howard on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Howard, James) (Entered: 03/19/2020)
03/19/2020 71 MOTION for Extension of Time until March 27, 2020 to file report concerning results of meet and confer by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 03/19/2020)
03/20/2020 72 ORDER granting 71 Consent Motion for Extension of Time to 3/27/2020 to report to the Court concerning the results of discussions between the parties. Signed by Judge Robert N. Chatigny on 3/20/2020. (Rickevicius, L.) (Entered: 03/20/2020)
03/20/2020 73 ORDER finding as moot 66 Motion for Clarification. Signed by Judge Robert N. Chatigny on 3/20/20. (Chatigny, Robert) (Entered: 03/20/2020
03/24/2020 74 NOTICE of Appearance by Matthew Donnelly on behalf of United States (Donnelly, Matthew) (Entered: 03/24/2020)
03/24/2020 75 NOTICE by United States of Statement of Interest (Donnelly, Matthew) (Entered: 03/24/2020)
03/26/2020 76 CERTIFICATE OF GOOD STANDING re 35 MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Kaley, Lindsey) (Entered: 03/26/2020)
03/27/2020 77 Joint RESPONSE by Chelsea Mitchell, Alanna Smith, Selina Soule (From Meet-and-Confer Conference). (Brooks, Roger) (Entered: 03/27/2020)
03/27/2020 78 Joint RESPONSE by Thania Edwards, Andraya Yearwood and all parties regarding conference on conditions of intervention. (Barrett, Dan) (Entered: 03/27/2020)
03/28/2020 79 CASE MANAGEMENT ORDER: The Court thanks counsel for the Parties’ Joint Response From Meet-And-Confer Conference. The parties’ respective proposals reflect due consideration of numerous issues in a compressed timeframe, which is appreciated. Based on the latest available information concerning the current status of the pandemic in Connecticut, and its probable future course, it seems all but certain that school will not resume before the fall term. Accordingly, having had the benefit of the parties’ joint report, and mindful of the proposals it contains, I think it will be most helpful if counsel confer and submit a supplemental Joint Response, on or before April 6, 2020, with regard to the following: assuming CIAC will soon be forced to cancel spring athletics due to the pandemic, what issues will still need to be adjudicated in this case, in what order should the issues be taken up, and what schedule should be adopted for adjudicating the issues? For example, what impact will cancellation of the spring season have on the plaintiffs’ claims for declaratory and injunctive relief? If plaintiffs intend to press claims for declaratory and injunctive relief notwithstanding cancellation of the spring season, what steps will be required to adjudicate the claims, what would be the best sequence for those steps, and what schedule should be adopted for completing them? If, as has been reported, plaintiffs intend to seek damages in any event, what steps will be required to adjudicate any such claims, what would be the optimal sequence for those steps, and what schedule should be adopted for completing them? For example, would defendants seek to file a pre-discovery motion to dismiss? Assuming such a motion were to be filed, what schedule would counsel suggest for briefing and arguing the motion. Counsel should note that the Court is in the process of making arrangements to conduct proceedings remotely during the lockdown, which is now expected to last some months. If counsel need more time to confer and submit the Supplemental Joint Response, they may request an extension of the April 6 deadline by calling chambers (i.e. without the need for filing a formal motion). So ordered.
Signed by Judge Robert N. Chatigny on 3/28/20.(Chatigny, Robert) (Entered: 03/28/2020)
04/06/2020 80 MOTION to Expedite Order to Show Cause Hearing by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Brooks, Roger) (Entered: 04/06/2020)
04/06/2020 81 Joint RESPONSE From Meet-and-Confer Concerning Case Scheduling in the Event of Complete Cancellation of Spring Season filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 04/06/2020)
04/08/2020 82 ORDER denying 80 Motion to Expedite. Plaintiffs’ motion to expedite asks the Court to proceed with their motion for a preliminary injunction as though high school track meets, which have been indefinitely suspended due to the coronavirus pandemic, will be conducted before the fall. The motion relies on CIAC’s decision to “hold off as long as possible before cancelling all spring sport experiences.” Plaintiffs’ desire to run track this spring is perfectly understandable, as is CIAC’s wish to avoid disappointing student athletes like the plaintiffs until it has no alternative. Realistically, however, the possibility that track meets will be held this spring (or even this summer) appears to be remote at best, unfortunately. The coronavirus pandemic has created a national emergency and resulted in a lockdown across Connecticut with all schools and nonessential businesses closed. People are expected to remain in their homes and are prohibited from gathering in public. How long these extraordinary and unprecedented measures will have to remain in place in order to protect public health is unknown and unknowable. However, it would be very surprising to me if responsible public officials in Connecticut were to reopen schools and conduct sporting events this spring when the highly contagious, potentially lethal coronavirus is expected to continue to be present throughout the state. If spring sports must be cancelled because of the ongoing pandemic, which is by far the most likely outcome at this point, expedited treatment of the plaintiffs’ motion for preliminary injunction is unwarranted. The motion for a preliminary injunction is predicated on the plaintiffs’ claim that they have a legal right to run in track events for girls this spring without having to compete against transgender girls. If no track events can be held this spring due to the pandemic, plaintiffs have no need for such a preliminary injunction. Any claims for other injunctive relief or damages that plaintiffs wish to press in this litigation can be taken up in accordance with a schedule that gives all concerned adequate time to address the various issues of law and fact discussed in the parties’ submissions concerning scheduling. A tailored scheduling order that aims to achieve that objective will be entered today. Accordingly, the motion to expedite is hereby denied. So ordered. Signed by Judge Robert N. Chatigny on 4/8/20. (Chatigny, Robert) (Entered: 04/08/2020)
04/08/2020 83 SCHEDULING ORDER: Please read full text of attached Order for details. Answer due 4/27/2020; Discovery due by 12/31/2020; Initial Status Report due by 5/8/2020; Prefiling Conference Request Re: Rule 12 motions due by 4/20/2020; Prefiling Conference Request Re: Dispositive motions due 11/16/2020; Settlement Conference 1/2021; Trial Ready Date 4/30/2021; Trial Brief due by 3/20/2021.
Signed by Judge Robert N. Chatigny on 4/8/2020. (Rickevicius, L.) (Entered: 04/08/2020)
04/08/2020 84 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 5/14/2020 at 10:00 AM before Judge Robert N. Chatigny. Please use the following dial in information for the call. Call in- 866-434-5269; Access Code: 8189198# (Rickevicius, L.) (Entered: 04/08/2020)
04/10/2020 85 MOTION for Extension of Time until July 1, 2020 to file certificates of good standing by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 04/10/2020)
04/11/2020 86 ORDER granting 85 Motion for Extension of Time. Signed by Judge Robert N. Chatigny on 4/11/20. (Chatigny, Robert) (Entered: 04/11/2020)
04/13/2020 87 MOTION for intervention Order by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 04/13/2020)
04/14/2020 88 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference Re: 36 Motion to Intervene and 43Motion to Intervene set for 4/16/2020 at 10:00 AM before Judge Robert N. Chatigny. Please use the following call in information: Call in 866-434-5269; access code 8189198#. (Rickevicius, L.) (Entered: 04/14/2020)
04/16/2020 90 Minute Entry. Proceedings held before Judge Robert N. Chatigny: taking under advisement 36 Motion to Intervene; taking under advisement 43 Motion to Intervene; Motion Hearing held on 4/16/2020 re 43 MOTION to Intervene filed by Commission on Human Rights and Opportunities, 36MOTION to Intervene as Defendants filed by Thania Edwards, Andraya Yearwood. Total Time: 1 hour and 30 minutes(Court Reporter Darlene Warner.) (Bozek, M.) (Entered: 04/17/2020)
04/17/2020 89 AMENDED COMPLAINT against Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education, filed by Alanna Smith, Chelsea Mitchell, Selina Soule.(Brooks, Roger) (Entered: 04/17/2020)
04/20/2020 91 Joint MOTION for Joinder of U.S. Department of Education by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Attachments: # 1Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Murphy, Peter) (Entered: 04/20/2020)
04/22/2020 92 ORDER granting 36 Motion to Intervene; finding as moot 87Motion for Order. The only seriously contested issue with regard to the proposed intervenors (PIs) motion to intervene as of right under Fed. R. Civ. P. 24(a) is whether they have overcome the presumption that their interests are adequately represented by the existing defendants. I conclude that the presumption has been overcome. Inadequacy of representation may be established when a would-be defendant seeks to raise a defense that will not be raised otherwise. See Meriwether v. Trustees of Shawnee State Univ., No. 1:18-cv-753, 2019 WL 2052110, *12 (S.D. Ohio May 9, 2010) (in suit by professor challenging colleges antidiscrimination policy, intervention granted to transgender student and LBTG student advocacy group because they intended to assert arguments based on the Equal Protection Clause, Title IX and the ADA that the college was required to treat transgender students in accordance with their gender identity, an argument the college had not made in its motion to dismiss and was unlikely to make, thus overcoming the presumption of adequacy of representation). Here, the PIs seek to raise a defense that the relief sought by the complaint would constitute impermissible discrimination against them in violation of Title IX and the Equal Protection Clause. Based on the defendants written submissions and the comments of defense counsel during the recent telephone conference, none of the defendants adequately represents the interests of the PIs in defending the action on this basis. CIAC intends to defend on the ground that it is not subject to suit under Title IX, that state law controls, and that the definition of sex in Title IX is ambiguous. Bloomfield and Cromwell intend to defend on the ground that they owe no Title IX obligations to students, like the plaintiffs, who do not attend their schools. The remaining defendants, Danbury, Glastonbury and Canton, have disclaimed any interest in advocating for the rights of students, like the PIs, who do not attend their schools. Bloomfield and Cromwell may argue that the relief sought would violate Title IX but they will not argue that it would violate the Equal Protection Clause. Nor will any of the other defendants. Accordingly, I find that the interests of the PIs are not so similar to those of the existing defendants that adequate representation of their interests is assured. See id.; cf. Christa McAuliffe Intermediate School PTO v. de Blasio, No. 18 Civ. 11657(ER), 2020 WL 1432213, *5 (S.D.N.Y. March 24, 2020) (in action by Asian-American groups challenging changes to program governing admission to Citys selective high schools, intervention as of right granted to students seeking to defend changes based on the programs history of discrimination, a defense the existing defendants would not make). Permissive intervention is proper in any event because the PIs have a strong personal interest in the subject matter of the case and they are in a position to make a valuable contribution to the Courts understanding of the case. See New York v. U.S. Dept. of Health and Human Services, 2019 WL 3531960, *4 (S.D.N.Y. Aug. 2, 2019) (in action by states challenging HHS rule allowing medical personnel to abstain from providing services due to religious beliefs, motion for intervention as of right by medical personnel seeking to defend the rule denied but permissive intervention granted); United States v. New York City Housing Authority, 326 F.R.D. 411, 417-18 (S.D.N.Y. 2018) (in action against to redress health and safety violations by Housing Authority, motion to intervene as of right by tenant organizations denied but permissive intervention granted). Moreover, they have expressed a willingness to accept conditions on their participation that will avoid unduly burdening the existing the parties or the Court. Accordingly, the motion is hereby granted. So ordered. Signed by Judge Robert N. Chatigny on 4/22/2020. (Gazzola, Mario) (Entered: 04/22/2020)
04/22/2020 93 ORDER [CORRECTED TEXT ORDER 92] Granting (36) Motion to Intervene, finding as moot (87) Motion For Order. The only seriously contested issue with regard to the proposed intervenors’ (PIs) motion to intervene as of right under Fed. R. Civ. P. 24(a) is whether they have overcome the presumption that their interests are adequately represented by the existing defendants. I conclude that the presumption has been overcome. Inadequacy of representation may be established when a would-be defendant seeks to raise a defense that will not be raised otherwise. See Meriwether v. Trustees of Shawnee State Univ., No. 1:18-cv-753, 2019 WL 2052110, *12 (S.D. Ohio May 9, 2010)(in suit by professor challenging college’s antidiscrimination policy, intervention granted to transgender student and LGBT student advocacy group because they intended to assert arguments based on the Equal Protection Clause, Title IX and the ADA that the college was required to treat transgender students in accordance with their gender identity, an argument the college had not made in its motion to dismiss and was unlikely to make, thus overcoming the presumption of adequacy of representation). Here, the PIs seek to raise a defense that granting the relief sought by the complaint would constitute impermissible discrimination against them in violation of Title IX and the Equal Protection Clause. Based on the defendants’ written submissions and the comments of defense counsel during the recent telephone conference, none of the defendants adequately represents the interests of the PIs in defending the action on this basis. CIAC intends to defend on the ground that it is not subject to suit under Title IX, state law controls, and the term “sex” in Title IX is ambiguous. Bloomfield and Cromwell intend to defend on the ground that they owe no Title IX obligations to students, like the plaintiffs, who do not attend their schools. The remaining defendants, Danbury, Glastonbury and Canton, have disclaimed any interest in advocating for the rights of students, like the PIs, who do not attend their schools. Bloomfield and Cromwell may argue that granting the relief sought would violate Title IX but they will not argue that it would violate the Equal Protection Clause. Nor will any of the other defendants. Accordingly, I find that the interests of the PIs are not so similar to those of the existing defendants that adequate representation of their interests is assured. See id.; cf. Christa McAuliffe Intermediate School PTO v. de Blasio, No. 18 Civ. 11657(ER), 2020 WL 1432213, *5 (S.D.N.Y. March 24, 2020)(in action by Asian-American groups challenging changes to program governing admission to City’s selective high schools, intervention as of right granted to students seeking to defend changes based on the program’s history of discrimination, a defense the existing defendants would not make). Permissive intervention is proper in any event because the PIs have a strong personal interest in the subject matter of the case and they are in a position to make a valuable contribution to the Court’s understanding of the case. See New York v. U.S. Dept. of Health and Human Services, 2019 WL 3531960, *4 (S.D.N.Y. Aug. 2, 2019)(in action by states challenging HHS rule allowing medical personnel to abstain from providing services that conflicted with their beliefs, motion for intervention as of right by medical personnel seeking to defend the rule denied but permissive intervention granted); United States v. New York City Housing Authority, 326 F.R.D. 411, 417-18 (S.D.N.Y. 2018)(in action to redress health and safety violations by Housing Authority, motion to intervene as of right by tenant organizations denied but permissive intervention granted). Moreover, the PIs have expressed a willingness to accept conditions on their participation that will avoid unduly burdening the existing parties or the Court. Accordingly, the motion is hereby granted. So ordered.
Signed by Judge Robert N. Chatigny on 4/22/80.(Chatigny, Robert) (Entered: 04/22/2020)
04/22/2020 94 TRANSCRIPT of Proceedings: Telephone Conference held on 04.16.20 before Judge Robert N. Chatigny. Court Reporter: Darlene A. Warner. IMPORTANT NOTICE – REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk’s Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today’s date. The 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. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 5/13/2020. Redacted Transcript Deadline set for 5/23/2020. Release of Transcript Restriction set for 7/21/2020. (Warner, D.) (Entered: 04/22/2020)
04/22/2020 95 ORDER granting 43 Motion to Intervene with regard to alternative request for permissive intervention. Fed.R.Civ.P. 24(b) provides that a state agency may be permitted to intervene when a party’s claim or defense is based on a statute or executive order administered by the agency. See generally Wright & Miller, 7C Fed. Prac. & Proc. Civ. § 1912 (2020 Update). That is the situation here: in defending against the plaintiffs’ claims, at least some of the defendants (if not all) can be expected to rely on the antidiscrimination provisions in Conn. Gen. Stat. § 10-15c(a) and Conn. Exec. Order 56 (Feb. 23, 2017), which are enforced by CHRO. CHRO has a particular interest in intervening in this case because the plaintiffs are expected to argue that Title IX renders § 10-15c(a) and Exec. Order 56 invalid and unenforceable. See ECF No. 60 at 5-6 (citing U.S. Const. art. VI, cl. 2). As the state agency charged with enforcing the statute and Executive Order, CHRO has a strong interest in obtaining a judicial determination that neither measure is preempted by Title IX, and it is also uniquely situated to assist the Court in resolving the issue. During the recent telephone conference, CHRO’s counsel explained that the agency seeks intervenor status rather than amicus status because of its experience in other cases when its participation was limited to that of an amicus. I credit the statements of CHRO’s counsel that as an intervenor-defendant, CHRO will be better able to contribute to development of the issues. There is no basis for a finding that intervention by CHRO will unduly delay or prejudice adjudication of the plaintiffs’ rights. Permissive intervention by CHRO is therefore appropriate in this instance. Whether the agency is entitled to intervene as of right need not be decided and I express no opinion on that matter. Accordingly, the motion to intervene is hereby granted with regard to the alternative request for permissive intervention. So ordered. Signed by Judge Robert N. Chatigny on 4/22/20. (Chatigny, Robert) (Entered: 04/22/2020)
04/24/2020 96 NOTICE by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule (Preliminary Statement of Relief Sought) (Brooks, Roger) (Entered: 04/24/2020)
04/24/2020 97 Joint NOTICE by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood Request for Pre-Filing Conference (Zelman, Johanna) (Entered: 04/24/2020)
04/27/2020 98 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Pre-Filing Conference set for 5/4/2020 at 2:00 PM before Judge Robert N. Chatigny. Please use the following call in information. Call in-866-434-5269, Access Code- 8189198#. (Rickevicius, L.) (Entered: 04/27/2020)
05/01/2020 99 Second MOTION for Extension of Time until June 4, 2020 to File Rule 12 Motions by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Zelman, Johanna) (Entered: 05/01/2020)
05/04/2020 100 NOTICE of Appearance by Joshua E Gardner on behalf of U.S. Department of Education, Betsy DeVos, U.S. Department of Education Office for Civil Rights (Gardner, Joshua) (Entered: 05/04/2020)
05/04/2020 101 Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephonic Pre-Filing Conference held on 5/4/2020. 11 minutes(Court Reporter Darlene Warner.) (Bozek, M.) (Entered: 05/05/2020)
05/08/2020 102 CERTIFICATE OF GOOD STANDING re 35 MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Strangio, Chase) (Entered: 05/08/2020)
05/08/2020 103 MOTION to Transfer/Disqualify/Recuse Judge by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Attachments: # 1 Memorandum in Support of Plaintiffs’ Motion to Disqualify, # 2 Exhibit A)(Brooks, Roger) (Entered: 05/08/2020)
05/08/2020 104 Joint STATUS REPORT by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 05/08/2020)
05/11/2020 105 CANCELLATION NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 5/14/2020 at 10:00 AM before Judge Robert N. Chatigny is cancelled. (Rickevicius, L.) (Entered: 05/11/2020)
05/11/2020 106 Memorandum in Opposition re 91 Joint MOTION for Joinder of U.S. Department of Education filed by Betsy DeVos, U.S. Department of Education, U.S. Department of Education Office for Civil Rights. (Attachments: # 1 Affidavit of Randolph Wills)(Gardner, Joshua) (Entered: 05/11/2020)
05/19/2020 107 Consent MOTION for Extension of Time until June 8, 2020 to Respond to U.S. Department of Education’s Opposition to Defendants’ Motion to Join the Department of Education As A Party To This Action 106 Memorandum in Opposition to Motion, by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Murphy, Peter) (Entered: 05/19/2020)
05/20/2020 108 ORDER granting 107 Consent Motion for Extension of Time to 6/8/2020 to Respond to U.S. Department of Education’s Opposition to Defendants’ Motion to Join the Department of Education As A Party To This Action 106 Memorandum in Opposition to Motion. Signed by Judge Robert N. Chatigny on 5/20/2020. (Rickevicius, L.) (Entered: 05/20/2020)
05/20/2020 109 Consent MOTION for Extension of Time until June 5, 2020 to Respond to Plaintiffs’ First Requests for Production of Documents by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Murphy, Peter) (Entered: 05/20/2020)
05/21/2020 110 ORDER granting 109 Consent Motion for Extension of Time to 6/5/2020 to Respond to Plaintiffs’ First Requests for Production of Documents. Signed by Judge Robert N. Chatigny on 5/21/2020. (Rickevicius, L.) (Entered: 05/21/2020)
05/27/2020 111 MOTION for Attorney(s) Mohammad B. Shihabi to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5880231) by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Zelman, Johanna) (Entered: 05/27/2020)
05/29/2020 112 CERTIFICATE OF GOOD STANDING re 35 MOTION for Attorney(s) Chase Strangio, Joshua Block, James Esseks, Lindsey Kaley, and Galen Sherwin to be Admitted Pro Hac Vice (paid $375 PHV fee; receipt number ACTDC-5707968) by Thania Edwards, Andraya Yearwood. (Block, Joshua) (Entered: 05/29/2020)
05/29/2020 113 Memorandum in Opposition re 103 MOTION to Transfer/Disqualify/Recuse Judge filed by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Strangio, Chase) (Entered: 05/29/2020)
06/03/2020 114 MOTION for Attorney(s) Mohammad B. Shihabi to be Admitted Pro Hac Vice by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Zelman, Johanna) (Entered: 06/03/2020)
06/04/2020 115 ORDER granting 114 Motion to Appear for Attorney Mohammad B. Shihabi to be Admitted Pro Hac Vice. Certificate of Good Standing due by 8/3/2020. Signed by Clerk on 6/4/2020. (Agati, Kathryn) (Entered: 06/04/2020)
06/04/2020 116 ORDER finding as moot 111 Motion to Appear for Attorney Mohammad B. Shihabi to be Admitted Pro Hac Vice. Signed by Clerk on 6/4/2020. (Agati, Kathryn) (Entered: 06/04/2020)
06/08/2020 117 REPLY to Response to 91 Joint MOTION for Joinder of U.S. Department of Education filed by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Attachments: # 1 Exhibit A)(Murphy, Peter) (Entered: 06/08/2020)
06/12/2020 118 NOTICE of Appearance by Mohammad Shihabi on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Shihabi, Mohammad) (Entered: 06/12/2020)
06/12/2020 119 REPLY to Response to 103 MOTION to Transfer/Disqualify/Recuse Judge filed by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A)(Brooks, Roger) (Entered: 06/12/2020)
06/13/2020 120 NOTICE of Appearance by Tyler Bischoff on behalf of Connecticut Association of Schools, Inc., Danbury Public Schools Board of Education (Bischoff, Tyler) (Entered: 06/15/2020)
06/16/2020 121 ORDER denying 103 Motion to Transfer/Disqualify/Recuse Judge. Plaintiffs have moved for my recusal pursuant to 28 U.S.C. s 455(a) because during a telephone conference I informed plaintiffs’ counsel that I wanted them to refrain from continuing to refer to the transgender females involved in this case as “males.” In calling on plaintiffs’ counsel to accept that limitation going forward, I explained that for plaintiffs’ counsel to continue to call these transgender youth “males” would be needlessly provocative, and inconsistent with norms of civility in judicial proceedings, which I want to be careful to maintain. As I further explained, for plaintiffs’ counsel to refer to these young people as “transgender females” in accordance with their gender identity would entail no concession whatsoever relating to the merits of the case; plaintiffs’ counsel would still be able to refer to them as “biologically male” with “male bodies.” They just couldn’t refer to them as “males, period.” Plaintiffs assert that as a result of my statement the public might reasonably believe that I am partial or biased. Plaintiffs have clarified that what troubles them in particular is my statement that for plaintiffs’ counsel to refer to the transgender students involved in this case as “transgender females” rather than “males” would be consistent with “science.” Plaintiffs argue that “the public might reasonably conclude that the Court has bias in [this] case where [plaintiffs’] arguments, claims, and expert testimony are based on the assertion that athletes born male remain male as a matter of scientific fact no matter their gender identity, and that as a result those athletes have ‘an unfair competitive advantage to competition’ in women’s and girls’ sports.” ECF No. 199, at 3-4. I do not agree that the public might reasonably construe my reference to “science” as a comment on the merits of the issue whether transgender athletes have an unfair competitive advantage in girls’ sports. In the telephone conference, I stated that referring to the transgender youth involved in this case as “transgender females” would be consistent with “science, common practice, and perhaps human decency.” That statement does not reflect a preconceived conclusion on the issue of unfair competitive advantage presented by this case. In fact, and as I think objective members of the public would readily understand, the “science” I referred to is not the science relating to the issue of unfair competitive advantage but the science that tells us calling transgender girls “males” can cause significant mental and emotional distress. The insight provided by this science has led to a “common practice” of referring to transgender persons by their gender identity, which is viewed by many as a matter of “human decency.” Thus, as I said, referring to these transgender youth as “transgender females” would be consistent with “science, common practice, and perhaps human decency.” By referring to science in this way, in this context, and for this purpose, I did not state or imply anything about whether the transgender youth in this case do or do not enjoy an unfair competitive advantage when they compete in girls’ track. To the extent plaintiffs’ counsel argue that they must be able to refer to the transgender girls in this case as “males, period” in order to fulfill their responsibilities as zealous advocates, and that they have an absolute Constitutional right to do so, the argument is unpersuasive. The issue of unfair competitive advantage can be fully and fairly litigated consistent with professional ethics and constitutional protections without referring to the transgender females involved in this case as “males, period.” I think objective members of the public would agree. I also think objective members of the public would understand that just because I want plaintiffs’ counsel to avoid needlessly calling the transgender females in this case “males, period” does not mean I am partial or biased with regard to any issue in the case. Accordingly, the motion is hereby denied. Signed by Judge Robert N. Chatigny on 6/16/20. (Chatigny, Robert) (Entered: 06/16/2020)
06/25/2020 122 ENTERED IN ERROR – Joint NOTICE by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education to Reconvene Pre-Filing Conference (Zelman, Johanna) Modified on 6/29/2020 to enter in error as letters cannot be efiled (Agati, Kathryn). (Entered: 06/25/2020)
06/25/2020 123 ENTERED IN ERROR – NOTICE by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule re 122 Notice (Other) Response to Request to Reconvene Pre-filing Conference (Brooks, Roger) Modified on 6/29/2020 to enter in error as letters cannot be efiled (Agati, Kathryn). (Entered: 06/25/2020)
06/30/2020 124 Joint MOTION to Reconvene May 4, 2020 Pre-Filing Conference re 101 Pre-Filing Conference by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education.Responses due by 7/21/2020 (Zelman, Johanna) (Entered: 06/30/2020)
07/01/2020 125 NOTICE of Appearance by Elana Spungen Bildner on behalf of Thania Edwards, Andraya Yearwood (Bildner, Elana) (Entered: 07/01/2020)
07/01/2020 126 MOTION for Extension of Time until August 1, 2020 to file certificates of good standing 86 Order on Motion for Extension of Time by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 07/01/2020)
07/02/2020 127 ORDER granting 126 Motion for Extension of Time to 8/1/2020 to file certificates of good standing. Signed by Judge Robert N. Chatigny on 7/2/2020. (Rickevicius, L.) (Entered: 07/02/2020)
07/02/2020 128 MOTION for Attorney(s) Parker Douglas to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5951356) by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Parker Douglas, # 2 Text of Proposed Order)(Howard, James) (Entered: 07/02/2020)
07/07/2020 129 ORDER granting 128 Motion to Appear for Attorney Parker Douglas to be Admitted Pro Hac Vice. Certificate of Good Standing due by 9/5/2020. Signed by Clerk on 7/7/2020. (Agati, Kathryn) (Entered: 07/07/2020)
07/07/2020 130 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 7/17/2020 at 11:00 AM before Judge Robert N. Chatigny. Please use the following dial in information for the call. Dial in 866-434-5269, Access Code 8189198# (Rickevicius, L.) (Entered: 07/07/2020)
07/07/2020 131 ORDER finding as moot 124 Motion to reconvene in light of ECF No. 130. Signed by Judge Robert N. Chatigny on 7/7/2020. (Gazzola, Mario) (Entered: 07/07/2020)
07/08/2020 132 CERTIFICATE OF GOOD STANDING re 126 MOTION for Extension of Time until August 1, 2020 to file certificates of good standing 86 Order on Motion for Extension of Time by Thania Edwards, Andraya Yearwood. (Sherwin, Galen) (Entered: 07/08/2020)
07/13/2020 133 NOTICE of Appearance by Tw Parker Douglas on behalf of Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule (Douglas, Tw Parker) (Entered: 07/13/2020)
07/13/2020 134 CERTIFICATE OF GOOD STANDING re 128 MOTION for Attorney(s) Parker Douglas to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5951356) by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Douglas, Tw Parker) (Entered: 07/13/2020)
07/15/2020 135 ORDER granting 99 Motion for Extension of Time. Rule 12 motions may be filed without a prefiling conference on or before August 21, 2020. The prefiling conference scheduled for July 17 is cancelled, and the prefiling conference requirement is waived. The Rule 12 motions should be addressed to the amended complaint and may challenge the amended complaint on any basis that the movant wishes to present, including the argument that the amended complaint is procedurally improper. The briefing schedule provided by the Local Rules will govern. So ordered. Signed by Judge Robert N. Chatigny on 7/15/20. (Chatigny, Robert) (Entered: 07/15/2020)
07/15/2020 Set Deadlines: Dispositive Motions due by 8/21/2020. (Rickevicius, L.) (Entered: 07/15/2020)
07/15/2020 136 CANCELLATION NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 7/17/2020 at 11:00 AM before Judge Robert N. Chatigny is CANCELLED. (Rickevicius, L.) (Entered: 07/15/2020)
07/22/2020 137 MOTION for Separate Statement of Claims by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education.Responses due by 8/12/2020 (Murphy, Peter) (Entered: 07/22/2020)
08/07/2020 138 Consent MOTION to Amend/Correct 89 Amended Complaint, by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule.Responses due by 8/28/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brooks, Roger) (Entered: 08/07/2020)
08/10/2020 139 ORDER granting 138 Consent Motion to Amend/Correct. The amended complaint must be e-filed no later than 8/12/2020. So ordered. Signed by Judge Robert N. Chatigny on 8/10/2020. (Rickevicius, L.) (Entered: 08/10/2020)
08/10/2020 Set Deadlines: Amended Pleadings due by 8/12/2020. (Rickevicius, L.) (Entered: 08/10/2020)
08/10/2020 140 ORDER denying as moot 137 Motion for Separate Statement of Claims in light of ECF No. 139. So ordered. Signed by Judge Robert N. Chatigny on 8/10/2020. (Rickevicius, L.) (Entered: 08/10/2020)
08/11/2020 141 AMENDED COMPLAINT (Second) against Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education, filed by Chelsea Mitchell, Selina Soule, Alanna Smith, Ashley Nicoletti.(Brooks, Roger) (Entered: 08/11/2020)
08/13/2020 142 MOTION for Leave to File Excess Pages by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Bildner, Elana) (Entered: 08/13/2020)
08/13/202 143 ORDER granting 142 Motion for Leave to File Excess Pages. Signed by Judge Robert N. Chatigny on 8/13/2020. (Rickevicius, L.) (Entered: 08/13/2020)
08/17/2020 144 Joint MOTION to Stay Discovery Pending Outcome of Writ of Mandamus by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education.Responses due by 9/7/2020 (Zelman, Johanna) (Entered: 08/17/2020)
08/21/2020 145 MOTION to Dismiss Second Amended Complaint by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood.Responses due by 9/11/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Bildner, Elana) (Entered: 08/21/2020)
08/25/2020 146 ORDER granting 144 Motion to Stay. Signed by Judge Robert N. Chatigny on 825/20. (Chatigny, Robert) (Entered: 08/25/2020)
08/25/2020 147 MOTION for Extension of Time until August 25, 2020 for filing certificate of good standing 127 Order on Motion for Extension of Time by Thania Edwards, Andraya Yearwood. (Attachments: # 1 Appendix certificate of good standing)(Barrett, Dan) (Entered: 08/25/2020)
08/25/2020 148 ORDER granting 147 Motion for Extension of Time. Signed by Judge Robert N. Chatigny on 8/25/2020. (Rickevicius, L.) (Entered: 08/25/2020)
08/26/2020 149 MOTION for Extension of Time until September 9, 2020 file Certificate of Good Standing by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Shihabi, Mohammad) (Entered: 08/26/2020)
08/27/2020 150 ORDER granting 149 Motion for Extension of Time to 9/9/2020 to File Certificate of Good Standing. Signed by Judge Robert N. Chatigny on 8/27/2020. (Rickevicius, L.) (Entered: 08/27/2020)
09/01/2020 151 CERTIFICATE OF GOOD STANDING re 114 MOTION for Attorney(s) Mohammad B. Shihabi to be Admitted Pro Hac Vice by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Shihabi, Mohammad) (Entered: 09/01/2020)
09/09/2020 152 MOTION for Leave to File Excess Pages by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 09/09/2020)
09/10/2020 153 ORDER granting 152 Motion for Leave to File Excess Pages. Signed by Judge Robert N. Chatigny on 9/10/2020. (Rickevicius, L.) (Entered: 09/10/2020)
09/11/2020 154 Memorandum in Opposition re 145 MOTION to Dismiss Second Amended Complaint filed by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brooks, Roger) (Entered: 09/11/2020)
09/18/2020 155 MOTION for Leave to File Excess Pages on Reply by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Bildner, Elana) (Entered: 09/18/2020)
09/19/2020 156 ORDER granting 155 Motion for Leave to File Excess Pages. Signed by Judge Robert N. Chatigny on 9/19/20. (Chatigny, Robert) (Entered: 09/19/2020)
09/25/2020 157 REPLY to Response to 145 MOTION to Dismiss Second Amended Complaint filed by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Commission on Human Rights and Opportunities, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Thania Edwards, Glastonbury Public Schools Board of Education, Andraya Yearwood. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bildner, Elana) (Entered: 09/25/2020)
09/29/2020 158 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Join the U.S. Department of Education as Party by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Zelman, Johanna) (Entered: 09/29/2020)
09/30/2020 159 ORDER granting 158 Motion for Leave to File. Signed by Judge Robert N. Chatigny on 9/30/2020. (Rickevicius, L.) (Entered: 09/30/2020)
09/30/2020 160 Supplemental Memorandum in Support re 91 Joint MOTION for Joinder of U.S. Department of Education filed by Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Zelman, Johanna) (Entered: 09/30/2020)
11/04/2020 161 MOTION for Jeff Shafer and Parker Douglas to Withdraw as Attorney by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 11/04/2020)
11/05/2020 162 ORDER granting 161 Motion to Withdraw as Attorney. Attorney Joshua E Gardner; Christiana M. Holcomb; James H. Howard; Lindsey Kaley; David S. Monastersky; Peter Joseph Murphy; Michael Roberts; Jeff Shafer; Tw Parker Douglas and James D. Esseks terminated. Signed by Judge Robert N. Chatigny on 11/5/2020. (Rickevicius, L.) (Entered: 11/05/2020)
11/20/2020 163 CORRECTED ORDER: Due to a technical error, the following counsel were terminated in error on 11/5/2020: Attorney Joshua E Gardner; Christiana M. Holcomb; James H. Howard; Lindsey Kaley; David S. Monastersky; Peter Joseph Murphy; Michael Roberts and James D. Esseks. Counsel Jeff Shafer; Tw Parker Douglas are correctly terminated. All other counsel, specifically Attorney Joshua E Gardner; Christiana M. Holcomb; James H. Howard; Lindsey Kaley; David S. Monastersky; Peter Joseph Murphy; Michael Roberts and James D. Esseks are reinstated. So ordered
Signed by Judge Robert N. Chatigny on 11/20/2020. (Rickevicius, L.) (Entered: 11/20/2020)
11/25/2020 164 MANDATE of USCA dated 11/25/2020 Denying Petition for a Writ of Mandamus.
(Bozek, M.) (Entered: 11/30/2020)
12/17/2020 165 Joint MOTION for Status Conference by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 12/17/2020)
12/23/2020 166 ORDER granting 165 Motion for Conference. Signed by Judge Robert N. Chatigny on 12/23/2020. (Rickevicius, L.) (Entered: 12/23/2020)
12/23/2020 167 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference set for 1/5/2021 at 10:00 AM before Judge Robert N. Chatigny. Please use the following dial in information for the call. Dial in 866-434-5269, Access Code 8189198#. (Rickevicius, L.) (Entered: 12/23/2020)
01/05/2021 169 Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Status Conference held on 1/5/2021. 27 minutes (Court Reporter Darlene Warner.) (Bozek, M.) (Entered: 01/15/2021)
01/12/2021 168 NOTICE of Hearing on Motion re: 145 MOTION to Dismiss Second Amended Complaint. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument set for 2/26/2021 at 10:00 AM via Zoom before Judge Robert N. Chatigny.
Signed by Judge Robert N. Chatigny on 1/12/2021.(Bozek, M.) (Entered: 01/12/2021)
01/12/2021

NOTICE regarding hearing via Zoom: The oral argument re 145 motion to dismiss scheduled for 2/26/2021 at 10:00 AM will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1615952448?pwd=S0UyV2EyQmZHYWs4S2dsK2JtUEwxUT09 and call in numbers are 1-669-254-5252 US (San Jose) or 1-646-828-7666 US (New York).

 

Meeting ID: 161 595 2448

 

Meeting Password: 018927

 

Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Bozek, M.) (Entered: 01/12/2021)

02/23/2021 170 NOTICE of Appearance by Amanda Dallo on behalf of United States (Dallo, Amanda) (Entered: 02/23/2021)
02/23/2021 171 NOTICE by United States of Withdrawal of Statement of Interest (Dallo, Amanda) (Entered: 02/23/2021)
02/23/2021 172 NOTICE by Betsy DeVos, U.S. Department of Education, U.S. Department of Education Office for Civil Rights re 106 Memorandum in Opposition to Motion, (Attachments: # 1 Exhibit)(Gardner, Joshua) (Entered: 02/23/2021)
02/26/2021 173 Minute Entry for proceedings held before Judge Robert N. Chatigny: Motion Hearing held on 2/26/2021 re 145 MOTION to Dismiss Second Amended Complaint filed by Bloomfield Public Schools Board of Education, Connecticut Association of Schools, Inc., Thania Edwards, Andraya Yearwood, Canton Public Schools Board of Education, Cromwell Public Schools Board of Education, Glastonbury Public Schools Board of Education, Commission on Human Rights and Opportunities, Danbury Public Schools Board of Education. Total Time: 2 hours and 14 minutes (Court Reporter Darlene Warner.) (Bozek, M.) (Entered: 03/04/2021)
03/25/2021 174 TRANSCRIPT of Proceedings: Oral Argument held on 02.26.21 before Judge Robert N. Chatigny. Court Reporter: Darlene A. Warner. IMPORTANT NOTICE – REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk’s Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today’s date. The 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. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 4/15/2021. Redacted Transcript Deadline set for 4/25/2021. Release of Transcript Restriction set for 6/23/2021. (Warner, D.) (Entered: 03/25/2021)
03/30/2021 175 ORDER finding as moot 15 Motion to Expedite. Signed by Judge Robert N. Chatigny on 3/30/2021. (Chatigny, Robert) (Entered: 03/30/2021)
03/30/2021 176 ORDER finding as moot 12 Motion for Preliminary Injunction. Signed by Judge Robert N. Chatigny on 3/30/2021. (Chatigny, Robert) (Entered: 03/30/2021)
03/30/2021 177 ORDER denying 91 Motion for Joinder. The motion is denied, with the concurrence of the parties, in light of the case developments discussed in ECF No. 172, which have made the requested joinder unnecessary at this time. So ordered. Signed by Judge Robert N. Chatigny on 3/30/2021. (Chatigny, Robert) (Entered: 03/30/2021)
04/25/2021 178 ORDER granting 145 Motion to Dismiss. See attached ruling and order for details. Signed by Judge Robert N. Chatigny on 4/25/2021. (Price, N.) (Entered: 04/25/2021)
04/26/2021 179

JUDGMENT entered in favor of the defendants dismissing the action.

 

For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms
Signed by Clerk on 4/26/2021.(Bozek, M.) (Entered: 04/26/2021)

04/26/2021

JUDICIAL PROCEEDINGS SURVEY – FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link:

 

https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey
(Bozek, M.) (Entered: 04/26/2021)

05/26/2021 180 NOTICE OF APPEAL as to 178 Order on Motion to Dismiss, 179 Judgment by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. Filing fee $ 505, receipt number ACTDC-6522475. (Brooks, Roger) (Entered: 05/26/2021)
05/26/2021 181 CLERK’S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: 180 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none. (Agati, Kathryn) (Entered: 05/28/2021)
12/15/2023 182 ORDER of USCA as to 180 Notice of Appeal filed by Chelsea Mitchell, Alanna Smith, Selina Soule, Ashley Nicoletti. USCA Case Number 21-1365. (Mendez, D) (Entered: 12/15/2023)
01/24/2024 183 SCHEDULING ORDER: On the assumption that a mandate will be issued in the near future remanding this case for further proceedings, it is hereby ordered that, within 14 days of the issuance of the mandate, counsel of record will conduct the planning conference required by Local Rule 26(f), and within 14
01/24/2024 184 MANDATE of USCA dated 1/24/2024 Remanded 180 Notice of Appeal filed by Chelsea Mitchell, Alanna Smith, Selina Soule, Ashley Nicoletti. (Mendez, D) (Entered: 01/25/2024)
01/25/2024 185 MOTION for Attorney(s) Ria Tabacco Mar to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7626486) by Thania Edwards, Andraya Yearwood. (Attachments: # 1 Declaration of Ria Tabacco Mar)(Bildner, Elana) (Entered: 01/25/2024)
01/26/2024 186 ORDER granting 185 Motion for Attorney Ria Tabacco Mar to be Admitted Pro Hac Vice. Certificate of Good Standing due by 3/26/2024. Signed by Clerk on 1/26/2024. (Mendez, D) (Entered: 01/26/2024)
01/29/2024 188 CERTIFICATE OF GOOD STANDING re 185 MOTION for Attorney(s) Ria Tabacco Mar to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7626486) by Thania Edwards, Andraya Yearwood. (Tabacco Mar, Ria) (Entered: 01/29/2024)
01/30/2024 189 NOTICE of Appearance by Ria Tabacco Mar on behalf of Thania Edwards, Andraya Yearwood (Tabacco Mar, Ria) (Entered: 01/30/2024)
01/31/2024 190 MOTION for Lindsey Kaley to Withdraw as Attorney by Thania Edwards, Andraya Yearwood. (Kaley, Lindsey) (Entered: 01/31/2024)
01/31/2024 191 MOTION for Galen Sherwin to Withdraw as Attorney by Thania Edwards, Andraya Yearwood. (Bildner, Elana) (Entered: 01/31/2024)
02/01/2024 192 ORDER granting 190 Motion to Withdraw as Attorney. Attorney Lindsey Kaley terminated. Signed by Judge Robert N. Chatigny on 2/1/2024. (Rickevicius, L.) (Entered: 02/01/2024)
02/01/2024 193 ORDER granting 191 Motion to Withdraw as Attorney. Attorney Galen Sherwin terminated. Signed by Judge Robert N. Chatigny on 2/1/2024. (Rickevicius, L.) (Entered: 02/01/2024)
02/06/2024 194 Joint MOTION Amend Case Schedule and Stay Discovery re 183 Scheduling Order, by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule.Responses due by 2/27/2024 (Brooks, Roger) (Entered: 02/06/2024)
02/06/2024 195 ORDER granting 194 Joint Motion to Amend Case Schedule and Stay Discovery. Any Motion for Leave to Amended the Complaint, attaching the proposed complaint is due by 3/1/2024 with a proposed copy to Defendants and Intervenors no later than one week before filing; Defendants and Intervenors will have 30 days after the grant or denial of Plaintiffs’ motion for leave to amend in which to move against or answer the Amended Complaint or the Complaint, as the case may be; If Defendants and/or Intervenors file a motion to dismiss, Plaintiffs will have 30 days to respond, and any reply will be filed by the Defendants and Intervenors within 21 days thereafter; Discovery is stayed until the first to occur of (a) the filing of an Answer, or (b) the entry of a ruling on the anticipated motion to dismiss; the 26(f) conference shall occur no later than 30 days following the first to occur of (a) the filing of an Answer, or (b) the entry of a ruling on the anticipated motion to dismiss, and further that the Rule 26(f) report shall be filed within 14 days of the conference. So ordered. Signed by Judge Robert N. Chatigny on 2/6/2024. (Rickevicius, L.) (Entered: 02/06/2024)
02/22/2024 196 NOTICE of Appearance by Susan Patton Fox on behalf of Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule (Fox, Susan) (Entered: 02/22/2024)
02/27/2024 197 MOTION for KRISTEN K. WAGGONER to Withdraw as Attorney by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 02/27/2024)
02/27/2024 198 MOTION for JAMES H. HOWARD, HOWARD M. WOOD to Withdraw as Attorney by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule. (Brooks, Roger) (Entered: 02/27/2024)
03/01/2024 199 Consent MOTION to Amend/Correct 1 Complaint by Chelsea Mitchell, Ashley Nicoletti, Alanna Smith, Selina Soule.Responses due by 3/22/2024 (Attachments: # 1 Exhibit A – Third Amended Complaint_redline, # 2 Exhibit B – Third Amended Complaint_clean)(Brooks, Roger) (Entered: 03/01/2024)
03/04/2024 200 ORDER granting 199 Consent Motion to Amend/Correct. The amended complaint will be e-filed no later than 3/8/2024. So ordered. Signed by Judge Robert N. Chatigny on 3/4/2024. (Rickevicius, L.) (Entered: 03/04/2024)
03/04/2024 201 AMENDED COMPLAINT (Third) against All Defendants, filed by Chelsea Mitchell, Selina Soule, Alanna Smith, Ashley Nicoletti. (Attachments: # 1 Attachment A)(Brooks, Roger) (Entered: 03/04/2024)
03/22/2024 202 NOTICE of Appearance by Johanna G. Zelman on behalf of Canton Public Schools Board of Education, Glastonbury Public Schools Board of Education in lieu of Appearance of David Monastersky of Howd & Ludorf (Zelman, Johanna) (Entered: 03/22/2024)
03/26/2024 203 MOTION for David S. Monastersky to Withdraw as Attorney by Canton Public Schools Board of Education, Glastonbury Public Schools Board of Education. (Monastersky, David) (Entered: 03/26/2024)
03/26/2024 204 ORDER granting 203 Motion to Withdraw as Attorney. Attorney David S. Monastersky terminated. Signed by Judge Robert N. Chatigny on 3/26/2024. (Rickevicius, L.) (Entered: 03/26/2024)
04/03/2024 205 MOTION to amend caption by Thania Edwards.Responses due by 4/24/2024 (Bildner, Elana) (Entered: 04/03/2024)
04/03/2024 206 ORDER granting 205 Motion to Amend Case Caption. Signed by Judge Robert N. Chatigny on 4/3/2024. (Rickevicius, L.) (Entered: 04/03/2024)
04/03/2024 207 MOTION to Dismiss by Terry Miller, Andraya Yearwood.Responses due by 4/24/2024 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Bildner, Elana) (Entered: 04/03/2024)
04/03/2024 208 MOTION to Dismiss by Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education.Responses due by 4/24/2024 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Murphy, Peter) (Entered: 04/03/2024)
04/04/2024 209 ORDER granting 197 Motion to Withdraw as Attorney. Attorney Kristen Waggoner terminated. Signed by Judge Robert N. Chatigny on 4/4/2024. (Rickevicius, L.) (Entered: 04/04/2024)
04/04/2024 210 ORDER granting 198 Motion to Withdraw as Attorney. Attorney James H. Howard and Howard M. Wood, III terminated. Signed by Judge Robert N. Chatigny on 4/4/2024. (Rickevicius, L.) (Entered: 04/04/2024)
04/04/2024 211 NOTICE by Commission on Human Rights and Opportunities re 207 MOTION to Dismiss Joining and Adopting (Roberts, Michael) (Entered: 04/04/2024)

Last updated 04/18/2024
Reconciled with online docket 04/09/202