1:16-cv-00425 Text Order Aug 4

Text Order (August 4, 2016)  [Docket Text Only]

TEXT ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/4/2016. On August 3, 2016, the Supreme Court issued a stay of the Fourth Circuit’s mandate in G.G. v. Gloucester County School Board, case number 16A52, which held that the U.S. Department of Education’s guidance as to the interpretation of “on the basis of sex” in its regulation implementing Title IX was entitled to Auer deference. As a result of today’s telephone hearing, the court directs the parties to address the following: (1) whether, and if so how, the Supreme Court’s stay of the mandate in G.G. v. Gloucester County School Board affects this court, including as to the rules of law this court must apply; (2) this courts authority to grant preliminary injunctive relief, on a facial basis or otherwise, beyond the scope of the individually named Plaintiffs (both under Title IX and as a constitutional matter). Plaintiffs’ briefs are due by 5:00 p.m. Monday, August 8, 2016. Defendants’ responses are due by noon on Friday, August 12, 2016. Briefs are limited to 20 pages per side, and the parties are encouraged to work together. In addition, the parties are directed to meet and confer to determine if there is any value in adjusting the pretrial or trial schedule and whether or not there is agreement to participate in this district’s mediation process. Parties are to report back via letter to Ms. Engle as to the results of the conference by 5:00 p.m. on August 8, 2016. SO ORDERED. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016)