4th Cir. 23-1130 Docket
B.P.J. v. West Virginia Secondary Schools Activity Commission
U.S. Court of Appeals for the Fourth Circuit, No. 23-1130
Appealed from S.D.W. Va. 2:21-cv-00316
Consolidated with 23-1078
Argued: October 27, 2023 AUDIO
Panel: Circuit Judges Steven Agee, Pamela A. Harris, Toby J. Heytens
| Date Filed | # | Docket Text |
| 02/06/2023 | 1 | Case docketed. Originating case number: 2:21-cv-00316. Case manager: AWalker. [1001311167] [23-1130] AW [Entered: 02/06/2023 12:16 PM] |
| 02/06/2023 | 2 | DOCKETING NOTICE issued Re: [1] case. Originating case number: 2:21-cv-00316. [1001311176] [23-1130] AW [Entered: 02/06/2023 12:25 PM] |
| 02/06/2023 | 3 | ORDER filed consolidating case 23-1130 with 23-1078 (L). Cross-appeal appellant: B.P.J. and Heather Jackson. Copies to all parties. [1001311254] [23-1078, 23-1130] AW [Entered: 02/06/2023 01:38 PM] |
| 02/06/2023 | 4 | APPEARANCE OF COUNSEL by John J. Bursch for Lainey Armistead in 23-1078. [1001311408] [23-1078, 23-1130] John Bursch [Entered: 02/06/2023 03:15 PM] |
| 02/06/2023 | 5 | APPEARANCE OF COUNSEL by Jonathan A. Scruggs for Lainey Armistead in 23-1078. [1001311411] [23-1078, 23-1130] Jonathan Scruggs [Entered: 02/06/2023 03:17 PM] |
| 02/06/2023 | 6 | APPEARANCE OF COUNSEL by Johannes Widmalm-Delphonse for Lainey Armistead in 23-1078. [1001311573] [23-1078, 23-1130] Johannes Widmalm-Delphonse [Entered: 02/06/2023 04:23 PM] |
| 02/07/2023 | 7 | APPEARANCE OF COUNSEL by Jacob P. Warner for Lainey Armistead in 23-1078. [1001312233] [23-1078, 23-1130] Jacob Warner [Entered: 02/07/2023 02:07 PM] |
| 02/08/2023 | 8 | NOTICE ISSUED to Lainey Armistead, W. Clayton Burch, Harrison County Board of Education, Dora Stutler, The State of West Virginia, West Virginia Secondary School Activities Commission and West Virginia State Board of Education in 23-1078, West Virginia Secondary School Activities Commission in 23-1130 requesting response to Motion for stay pending appeal [1001312483-2], Motion to expedite decision [1001312483-3]. Response due: 02/15/2023.[1001312613].. [23-1078, 23-1130] AW [Entered: 02/08/2023 09:20 AM] |
| 02/08/2023 | 9 | (ENTRY RESTRICTED) APPEARANCE OF COUNSEL by Aubrey Sparks for B.P.J. and Heather Jackson in 23-1078, 23-1130. [1001312910] [23-1078, 23-1130]–[Edited 02/08/2023 by AW–amended appearance form filed] Aubrey Sparks [Entered: 02/08/2023 01:21 PM] |
| 02/08/2023 | 10 | Amended APPEARANCE OF COUNSEL by Aubrey Sparks for B.P.J. and Heather Jackson in 23-1078, 23-1130. [1001312926] [23-1078, 23-1130] Aubrey Sparks [Entered: 02/08/2023 01:36 PM] |
| 02/08/2023 | 11 | APPEARANCE OF COUNSEL by Nicholas Ward for B.P.J. and Heather Jackson in 23-1078, 23-1130. [1001312930] [23-1078, 23-1130] Nicholas Ward [Entered: 02/08/2023 01:38 PM] |
| 02/08/2023 | 12 | APPEARANCE OF COUNSEL by Christiana M. Kiefer for Lainey Armistead in 23-1078. [1001313161] [23-1078, 23-1130] Christiana Kiefer [Entered: 02/08/2023 03:48 PM] |
| 02/14/2023 | 13 | DOCKETING STATEMENT by West Virginia Secondary School Activities Commission.. [1001316012] [23-1130] Roberta Green [Entered: 02/14/2023 02:27 PM] |
| 02/15/2023 | 14 | BRIEFING ORDER filed. Name of Cross-Appeal Appellant for briefing purposes: B.P.J. and Heather Jackson. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. All filings must comply with Appendix Pagination & Brief Citation Guide. [1001316763] Opening Brief and Appendix due 03/27/2023. Opening/Response Brief Due: 04/26/2023. Response/Reply Brief Due 05/26/2023. [23-1078, 23-1130] AW [Entered: 02/15/2023 02:31 PM] |
| 02/15/2023 | 15 | Attorney Travis Christopher Barham for Lainey Armistead in 23-1078 and Lainey Armistead in 23-1130, Douglas Buffington II for The State of West Virginia in 23-1078, Curtis R. Capehart for The State of West Virginia in 23-1078, Carl S. Charles for Heather Jackson and B.P.J. in 23-1078, Henry Wilkins Frampton IV for Lainey Armistead in 23-1078 and Lainey Armistead in 23-1130, Tyson C. Langhofer for Lainey Armistead in 23-1078 and Lainey Armistead in 23-1130, Avatara Antoinette Smith-Carrington for Heather Jackson and B.P.J. in 23-1078 terminated from case. Reason for termination: Not participating. [1001316820] [23-1078, 23-1130] AW [Entered: 02/15/2023 02:51 PM] |
| 02/15/2023 | 16 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Lainey Armistead in 23-1078 re: filing of disclosure form Disclosure statement due from Lainey Armistead on 02/21/2023. [1001316827] [23-1078, 23-1130] AW [Entered: 02/15/2023 02:55 PM] |
| 02/15/2023 | 17 | APPEARANCE OF COUNSEL by Curtis R. A. Capehart for The State of West Virginia in 23-1078. [1001316902] [23-1078, 23-1130] Curtis Capehart [Entered: 02/15/2023 03:33 PM] |
| 02/15/2023 | 18 | DISCLOSURE STATEMENT by Lainey Armistead in 23-1078. Was any question on Disclosure Form answered yes? No [1001317085] [23-1078, 23-1130] John Bursch [Entered: 02/15/2023 04:25 PM] |
| 02/15/2023 | 19 | RESPONSE/ANSWER by Harrison County Board of Education and Dora Stutler in 23-1078 to for stay pending appeal [1001312483-2], to expedite decision [1001312483-3]. [1001317131] [23-1078, 23-1130] Susan Deniker [Entered: 02/15/2023 04:56 PM] |
| 02/15/2023 | 20 | NOTICE ISSUED to B.P.J. and Heather Jackson in 23-1078 requesting reply to response on or before 02/17/2023 [19].[1001317150] [23-1078, 23-1130] AW [Entered: 02/15/2023 05:19 PM] |
| 02/15/2023 | 21 | RESPONSE/ANSWER by Lainey Armistead, West Virginia State Board of Education, W. Clayton Burch, West Virginia Secondary School Activities Commission and The State of West Virginia in 23-1078, Lainey Armistead, West Virginia State Board of Education, W. Clayton Burch, The State of West Virginia and West Virginia Secondary School Activities Commission in 23-1130 to [8], for stay pending appeal [1001312483-2], to expedite decision [1001312483-3]. Nature of response: in opposition. [1001317194] [23-1078, 23-1130] John Bursch [Entered: 02/15/2023 11:06 PM] |
| 02/22/2023 | 22 | COURT ORDER filed administratively terminating Motion for stay pending appeal [1001312483-2]; granting motion for injunctive relief pending appeal. Copies to all parties. [1001320437] [23-1078] AW [Entered: 02/22/2023 01:44 PM] |
| 03/16/2023 | 23 | APPEARANCE OF COUNSEL by Carl S. Charles for B.P.J. in 23-1130. [1001333140] [23-1078, 23-1130] Carl Charles [Entered: 03/16/2023 01:32 PM] |
| 04/03/2023 | 24 | AMICUS CURIAE BRIEF by The Trevor Project. Method of Filing Paper Copies: N/A. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 04/03/2023. [1001342490] [23-1078, 23-1130] DL [Entered: 04/03/2023 12:02 PM] |
| 04/03/2023 | 25 | MOTION by Amici Curiae Transgender Women Athletes for leave to file Amicus Brief in Support of Plaintiffs-Appellants and Reversal. Date and method of service: 04/03/2023 ecf. [1001342614] [23-1078, 23-1130] Joseph Callaghan [Entered: 04/03/2023 01:41 PM] |
| 04/03/2023 | 26 | AMICUS CURIAE BRIEF by Amici Curiae Transgender Women Athletes. [1001342624] [23-1078, 23-1130] Joseph Callaghan [Entered: 04/03/2023 01:45 PM] |
| 04/03/2023 | 27 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Trevor Project in 23-1078 re: filing of appearance form. Appearance form due on 04/06/2023 from Maxwell A. Baldi, Shireen A. Barday, Mark Christopher Davies, Abbey J. Hudson and Emily Maxim Lamm.. [1001342676] [23-1078, 23-1130] DL [Entered: 04/03/2023 02:21 PM] |
| 04/03/2023 | 28 | MOTION by Amicus Curiae The Trevor Project for leave to file amicus brief. Date and method of service: 04/03/2023 ecf. [1001342347] [23-1078] Abbey Hudson [Entered: 04/03/2023 10:16 AM] |
| 04/03/2023 | 31 | ORDER filed granting Motion for leave to file amicus curiae brief by The Trevor Project [28] in 23-1078. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? N. Copies to all parties. [1001342712] [23-1078, 23-1130] DL [Entered: 04/03/2023 02:47 PM] |
| 04/03/2023 | 32 | MOTION by CURRENT AND FORMER PROFESSIONAL, OLYMPIC AND INTERNATIONAL ATHLETES IN WOMEN’S SPORTS, THE NATIONAL WOMEN’S SOCCER LEAGUE PLAYERS ASSOCIATION, THE WOMEN’S SPORTS FOUNDATION, AND ATHLETE ALLY to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e). , to (1) File Amici Curiae Brief in Support of Appellant and (2) Extra Word Count for Brief.. Date and method of service: 04/03/2023 ecf. [1001342790] [23-1078, 23-1130] Michelle Tanney [Entered: 04/03/2023 03:34 PM] |
| 04/03/2023 | 33 | AMICUS CURIAE BRIEF by Elizabeth Parr Hecker for USA. [1001342913] [23-1078, 23-1130] Elizabeth Hecker [Entered: 04/03/2023 04:35 PM] |
| 04/03/2023 | 34 | MOTION by Amici Curiae National Women’s Law Center and 51 Additional Organizations to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 04/03/2023 ecf. [1001342924] [23-1078, 23-1130] Jessica Ellsworth [Entered: 04/03/2023 04:40 PM] |
| 04/03/2023 | 35 | AMICUS CURIAE BRIEF by States of New York, Hawai’i, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia; amicus supporting appellant.. [1001342966] [23-1078, 23-1130] Mark Grube [Entered: 04/03/2023 05:59 PM] |
| 04/03/2023 | 36 | AMICUS CURIAE BRIEF by American Academy of Pediatrics, American Medical Association, American Medical Women’s Association, Endocrine Society, GLMA, and World Professional Association for Transgender Health. [1001342970] [23-1078, 23-1130] Howard Suskin [Entered: 04/03/2023 06:51 PM] |
| 04/03/2023 | 37 | APPEARANCE OF COUNSEL by Joseph Callaghan for Transgender Women Athletes in 23-1078, 23-1130. [1001343347] [23-1078, 23-1130] AW [Entered: 04/04/2023 11:50 AM] |
| 04/03/2023 | 40 | APPEARANCE OF COUNSEL by Elizabeth Hecker for US in 23-1078, 23-1130. [1001343420] [23-1078, 23-1130] AW [Entered: 04/04/2023 12:28 PM] |
| 04/03/2023 | 41 | AMICUS CURIAE BRIEF by National Women’s Law Center and 51 Additional Organizations. Method of Filing Paper Copies: N/A. [1001343425] [23-1078, 23-1130] AW [Entered: 04/04/2023 12:30 PM] |
| 04/03/2023 | 42 | APPEARANCE OF COUNSEL by Jessica Ellsworth for National Women’s Law Center and 51 Additional Organizations in 23-1078, 23-1130. [1001343451] [23-1078, 23-1130] AW [Entered: 04/04/2023 12:44 PM] |
| 04/03/2023 | 44 | MOTION by American Academy of Pediatrics, American Medical Association, American Medical Women’s Association, Endocrine Society, GLMA, and World Professional Association for Transgender Health for leave to file amicus curiae brief. [1001343585] [23-1078, 23-1130] AW [Entered: 04/04/2023 02:59 PM] |
| 04/03/2023 | 52 | AMICUS CURIAE BRIEF by Athlete Ally, Current and Former Professional, Olympic and International Athletes in Womens Sports, National Women’s Soccer League Players Association and Women’s Sports Foundation in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001343946] [23-1078, 23-1130] AW [Entered: 04/05/2023 10:13 AM] |
| 04/04/2023 | 39 | APPEARANCE OF COUNSEL by David Brown for Transgender Women Athletes in 23-1078, 23-1130. [1001343357] [23-1078, 23-1130] David Brown [Entered: 04/04/2023 11:55 AM] |
| 04/04/2023 | 43 | APPEARANCE OF COUNSEL by Mark S. Grube for STATES OF NEW YORK, HAWAI‘I, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEW JERSEY, OREGON, RHODE ISLAND, VERMONT, AND WASHINGTON, AND THE DISTRICT OF COLUMBIA in 23-1078, 23-1130. [1001343492] [23-1078, 23-1130] AW [Entered: 04/04/2023 01:13 PM] |
| 04/04/2023 | 45 | ORDER filed granting Motion to exceed length limitations [32] for amicus brief of Current and Former Professional, Olympic and International Athletes in Women’s Sports, The National Women’s Soccer League Players Association, The Women’s Sports Foundation, and Athlete Ally. Total words: 7,174 words. Copies to all parties. [1001343672] [23-1078, 23-1130] AW [Entered: 04/04/2023 04:02 PM] |
| 04/04/2023 | 46 | ORDER filed granting filing of amicus curiae briefs (United States of America; States of New York, Hawai’i, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia). Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? Y. Copies to all parties. [1001343756] [23-1078, 23-1130] AW [Entered: 04/04/2023 08:43 PM] |
| 04/04/2023 | 47 | APPEARANCE OF COUNSEL by Howard Suskin for American Medical Women’s Association, Endocrine Society, GLMA: Health Professionals Advancing LGBT Equality, The World Professional Association for Transgender Health and American Academy of Pediatrics and AMA in 23-1078, 23-1130. [1001343757] [23-1078, 23-1130] AW [Entered: 04/04/2023 08:50 PM] |
| 04/04/2023 | 48 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Athlete Ally, Current and Former Professional, Olympic and International Athletes in Womens Sports, National Women’s Soccer League Players Association and Women’s Sports Foundation in 23-1078, 23-1130 re: filing of appearance form. Appearance form due on 04/07/2023 from Michelle Nicole Tanney. [1001343758] [23-1078, 23-1130] AW [Entered: 04/04/2023 08:56 PM] |
| 04/04/2023 | 49 | ORDER filed granting Motions for leave to file amicus briefs [44], [25], [34], [32] (Transgender Women Athletes; National Women’s Law Center and 51 Additional Organizations; Current and Former Professional, Olympic and International Athletes in Women’s Sports, The National Women’s Soccer League Players Association, The Women’s Sports Foundation, and Athlete Ally; American Academy of Pediatrics, American Medical Association, American Medical Women’s Association, Endocrine Society, GLMA, and World Professional Association for Transgender Health). Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties.. [1001343759] [23-1078, 23-1130] AW [Entered: 04/04/2023 09:07 PM] |
| 04/05/2023 | 50 | APPEARANCE OF COUNSEL by Bonnie I. Robin-Vergeer for US in 23-1078, 23-1130. [1001343784] [23-1078, 23-1130] Bonnie Robin-Vergeer [Entered: 04/05/2023 08:22 AM] |
| 04/05/2023 | 51 | APPEARANCE OF COUNSEL by Michelle N. Tanney for Current and Former Professional, Olympic and International Athletes in Womens Sports, Athlete Ally and National Women’s Soccer League Players Association in 23-1078, 23-1130. [1001343939] [23-1078, 23-1130] Michelle Tanney [Entered: 04/05/2023 10:07 AM] |
| 04/26/2023 | 53 | BRIEF by West Virginia Secondary School Activities Commission, West Virginia State Board of Education, The State of West Virginia, Lainey Armistead, W. Clayton Burch, Harrison County Board of Education and Dora Stutler in 23-1078, West Virginia Secondary School Activities Commission in 23-1130. Type of Brief: OPENING/RESPONSE. [1001356965] [23-1078, 23-1130] Lindsay See [Entered: 04/26/2023 08:28 PM] |
| 05/02/2023 | 54 | AMICUS CURIAE BRIEF by THOMAS MORE SOCIETY AND NATIONAL ASSOCIATION OF EVANGELICALS. [1001360394] [23-1078, 23-1130]–[Edited 05/03/2023 by AW–updated docket text to reflect correct filing parties] Arthur Schulcz [Entered: 05/02/2023 04:48 PM] |
| 05/02/2023 | 55 | MOTION by THOMAS MORE SOCIETY, NATIONAL ASSOCIATION OF EVANGELICALS to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/02/2023 ecf. [1001360426] [23-1078, 23-1130] Arthur Schulcz [Entered: 05/02/2023 05:04 PM] |
| 05/03/2023 | 56 | MOTION by Concerned Women for America and Samaritan’s Purse for leave to file Brief as Amici Curiae. Date and method of service: 05/03/2023 ecf. [1001360456] [23-1078, 23-1130] Christopher Mills [Entered: 05/03/2023 12:23 AM] |
| 05/03/2023 | 57 | MOTION by Institute for Faith and Family as Amicus Curiae to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001360504] [23-1078, 23-1130] Deborah Dewart [Entered: 05/03/2023 08:33 AM] |
| 05/03/2023 | 58 | AMICUS CURIAE BRIEF by Institute for Faith and Family as Amicus Curiae. [1001360506] [23-1078, 23-1130] Deborah Dewart [Entered: 05/03/2023 08:36 AM] |
| 05/03/2023 | 59 | MOTION by Women’s Declaration International USA to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e). , to affirm decision on appeal. Date and method of service: 05/03/2023 ecf. [1001360926] [23-1078, 23-1130] Kara Dansky [Entered: 05/03/2023 01:16 PM] |
| 05/03/2023 | 60 | ORDER filed granting Motions to file amicus curiae briefs (Thomas More Society, National Association of Evangelicals, Concerned Women for America, Institute for Faith and Family, Samaritan’s Purse) [56] [57] [55]. Disclosure Statements filed (if corporate amicus)? Y. Appearance Forms filed? Y. Copies to all parties. [1001360937] [23-1078, 23-1130]–[Docket Text Edited 05/03/2023 by ALC] AW [Entered: 05/03/2023 01:31 PM] |
| 05/03/2023 | 61 | MOTION by Amici Curiae 25 Athletic Officials and Coaches of Female Athletes to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001360942] [23-1078, 23-1130] Anna St. John [Entered: 05/03/2023 01:39 PM] |
| 05/03/2023 | 62 | AMICUS CURIAE BRIEF by Concerned Women for America and Samaritan’s Purse in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001360944] [23-1078, 23-1130] AW [Entered: 05/03/2023 01:42 PM] |
| 05/03/2023 | 63 | APPEARANCE OF COUNSEL by Deborah Dewart for Institute for Faith and Family in 23-1078. [1001360953] [23-1078, 23-1130] AW [Entered: 05/03/2023 01:50 PM] |
| 05/03/2023 | 64 | APPEARANCE OF COUNSEL by Christoher Mills for Concerned Women for America and Samaritan’s Purse in 23-1078, 23-1130. [1001360958] [23-1078, 23-1130] AW [Entered: 05/03/2023 01:52 PM] |
| 05/03/2023 | 65 | APPEARANCE OF COUNSEL by Arthur Schulcz Sr for National Association of Evangelicals and Thomas More Society in 23-1078, 23-1130. [1001360965] [23-1078, 23-1130] AW [Entered: 05/03/2023 01:56 PM] |
| 05/03/2023 | 66 | MOTION by Female Olympic Rowers Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain, and Jan Palchikoff for leave to file Amicus Brief in Support of Appellees. Date and method of service: 05/03/2023 ecf. [1001361009] [23-1078, 23-1130] Sarah Child [Entered: 05/03/2023 02:31 PM] |
| 05/03/2023 | 67 | AMICUS CURIAE BRIEF by Female Olympic Rowers Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain and Jan Palchikoff. [1001361011] [23-1078, 23-1130] Sarah Child [Entered: 05/03/2023 02:33 PM] |
| 05/03/2023 | 68 | AMICUS CURIAE BRIEF by Edmund G. LaCour Jr. for the State of Alabama. [1001361085] [23-1078, 23-1130] Edmund LaCour [Entered: 05/03/2023 04:06 PM] |
| 05/03/2023 | 69 | MOTION by International Consortium on Female Sport (Amici Curiae) to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001361183] [23-1078, 23-1130] William Bock [Entered: 05/03/2023 05:39 PM] |
| 05/03/2023 | 70 | AMICUS CURIAE BRIEF by International Consortium on Female Sport (Amici Curiae. [1001361184] [23-1078, 23-1130] William Bock [Entered: 05/03/2023 05:41 PM] |
| 05/03/2023 | 71 | MOTION by Independent Council on Women’s Sport (ICONS) (Amicus Curiae) to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001361185] [23-1078, 23-1130] William Bock [Entered: 05/03/2023 05:42 PM] |
| 05/03/2023 | 72 | AMICUS CURIAE BRIEF by Independent Council on Women’s Sport (ICONS) (Amicus Curiae). [1001361186] [23-1078, 23-1130] William Bock [Entered: 05/03/2023 05:44 PM] |
| 05/03/2023 | 73 | AMICUS CURIAE BRIEF by 78 Female athletes, coaches, sports officials, and parents of female athletes. [1001361193] [23-1078, 23-1130] Robert Gibson [Entered: 05/03/2023 07:39 PM] |
| 05/03/2023 | 74 | MOTION by Amici Curiae Public Advocate of the United States, America’s Future, U.S. Constitutional Rights Legal Defense Fund, One Nation Under God Foundation, Fitzgerald Griffin Foundation, and Conservative Legal Defense and Education Fund to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001361194] [23-1078, 23-1130] William Olson [Entered: 05/03/2023 08:05 PM] |
| 05/03/2023 | 75 | MOTION by Parents Defending Education to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001361197] [23-1078, 23-1130] John Connolly [Entered: 05/03/2023 09:16 PM] |
| 05/03/2023 | 76 | MOTION by Independent Women’s Law Center as Amicus Curiae to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 05/03/2023 ecf. [1001361203] [23-1078, 23-1130] Gene Schaerr [Entered: 05/03/2023 11:23 PM] |
| 05/03/2023 | 77 | AMICUS CURIAE BRIEF by Independent Women’s Law Center as Amicus Curiae. [1001361204] [23-1078, 23-1130] Gene Schaerr [Entered: 05/03/2023 11:26 PM] |
| 05/03/2023 | 81 | APPEARANCE OF COUNSEL by J. Michael Connolly for Parents Defending Education in 23-1078, 23-1130. [1001361572] [23-1078, 23-1130] AW [Entered: 05/04/2023 11:39 AM] |
| 05/03/2023 | 82 | APPEARANCE OF COUNSEL by William Bock for Independent Council on Women’s Sport and International Consortium on Female Sport in 23-1078, 23-1130. [1001361585] [23-1078, 23-1130] AW [Entered: 05/04/2023 11:49 AM] |
| 05/03/2023 | 83 | APPEARANCE OF COUNSEL by Sarah Child for Female Olympic Rowers Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain, and Jan Palchikoff in 23-1078, 23-1130. [1001361604] [23-1078, 23-1130] AW [Entered: 05/04/2023 11:59 AM] |
| 05/03/2023 | 84 | APPEARANCE OF COUNSEL by Anna St. John for 25 Athletic Officials and Coaches of Female Athletes in 23-1078, 23-1130. [1001361619] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:06 PM] |
| 05/03/2023 | 85 | AMICUS CURIAE BRIEF by Women’s Declaration International USA in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001361655] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:15 PM] |
| 05/03/2023 | 86 | AMICUS CURIAE BRIEF by 25 Athletic Officials and Coaches of Female Athletes in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001361660] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:17 PM] |
| 05/03/2023 | 87 | AMICUS CURIAE BRIEF by America’s Future, Conservative Legal Defense and Education Fund, Fitzgerald Griffin Foundation, One Nation Under God Foundation, Public Advocate of the United States and U.S. Constitutional Rights Legal Defense Fund in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001361668] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:20 PM] |
| 05/03/2023 | 88 | AMICUS CURIAE BRIEF by Parents Defending Education in 23-1078, 23-1130. Method of Filing Paper Copies: N/A. [1001361670] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:20 PM] |
| 05/03/2023 | 89 | APPEARANCE OF COUNSEL by Henry Wall for Defense of Freedom Institute in 23-1078, 23-1130. [1001361678] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:24 PM] |
| 05/04/2023 | 78 | ORDER filed granting Motions to file amicus curiae briefs (Parents Defending Education, Women’s Declaration International USA, 25 Athletic Officials and Coaches of Female Athletes, Female Olympic Rowers Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain, and Jan Palchikoff, 22 Business Executives, International Consortium on Female Sport, Independent Council on Women’s Sport, Defense of Freedom Institute, 78 Female Athletes, Coaches, Sports Officials, and Parents Of Female Athletes, Public Advocate of the United States, America’s Future, U.S. Constitutional Rights Legal Defense Fund, One Nation Under God Foundation, Fitzgerald Griffin Foundation, Conservative Legal Defense and Education Fund and Independent Women’s Law Center) [76] [75] [74] [69] [1001361136-2] [61] [66]. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001361406] [23-1078, 23-1130] AW [Entered: 05/04/2023 10:36 AM] |
| 05/04/2023 | 79 | APPEARANCE OF COUNSEL by William J. Olson for Public Advocate of the United States, America’s Future, U.S. Constitutional Rights Legal Defense Fund, One Nation Under God Foundation, Fitzgerald Griffin Foundation and Conservative Legal Defense and Education Fund in 23-1078. [1001361418] [23-1078, 23-1130] William Olson [Entered: 05/04/2023 10:42 AM] |
| 05/04/2023 | 80 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to 22 Business Executives, 78 Female Athletes, Coaches, Sports Officials, and Parents Of Female Athletes and Women’s Declaration International USA in 23-1078, 23-1130 re: filing of appearance form. Appearance form due on 05/08/2023 from Reese Boyd, Kara Patrice Dansky and Robert Daniel Gibson. [1001361473] [23-1078, 23-1130] AW [Entered: 05/04/2023 11:09 AM] |
| 05/04/2023 | 90 | DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Alabama, Arkansas, and 15 Other States in 23-1078, 23-1130 re: filing of appearance form. Appearance form due on 05/08/2023 from Edmund Gerard LaCour Jr. [1001361729] [23-1078, 23-1130] AW [Entered: 05/04/2023 12:59 PM] |
| 05/04/2023 | 91 | ORDER filed granting filing of amicus curiae brief (Alabama, Arkansas, and 15 Other States). Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? N. Copies to all parties. [1001361730] [23-1078, 23-1130] AW [Entered: 05/04/2023 01:01 PM] |
| 05/04/2023 | 92 | APPEARANCE OF COUNSEL by Edmund G. LaCour Jr. for Alabama, Arkansas, and 15 Other States in 23-1078. [1001361742] [23-1078, 23-1130] Edmund LaCour [Entered: 05/04/2023 01:14 PM] |
| 05/05/2023 | 93 | Appearance of counsel by Women’s Declaration International USA in 23-1078. [1001362090] [23-1078, 23-1130]–[Edited 05/05/2023 by AW–docket text edited] Kara Dansky [Entered: 05/05/2023 08:07 AM] |
| 05/10/2023 | 94 | APPEARANCE OF COUNSEL by R. Daniel Gibson for 78 Female Athletes, Coaches, Sports Officials, and Parents Of Female Athletes in 23-1078, 23-1130. [1001365443] [23-1078, 23-1130] Robert Gibson [Entered: 05/10/2023 07:44 PM] |
| 05/26/2023 | 96 | BRIEF by B.P.J. and Heather Jackson in 23-1078, 23-1130. Type of Brief: RESPONSE/REPLY. [1001375172] [23-1078, 23-1130] Kathleen Hartnett [Entered: 05/26/2023 08:52 PM] |
| 06/15/2023 | 97 | (ENTRY RESTRICTED) REPLY by West Virginia Secondary School Activities Commission in 23-1078 to [96].. [1001385509] [23-1078, 23-1130]–[Edited 06/15/2023 by AW–see correction at ecf #139] Roberta Green [Entered: 06/15/2023 02:14 PM] |
| 06/15/2023 | 98 | Docket correction requested from West Virginia Secondary School Activities Commission in 23-1078, 23-1130. [1001385519] [23-1078, 23-1130] AW [Entered: 06/15/2023 02:19 PM] |
| 06/15/2023 | 99 | BRIEF by West Virginia Secondary School Activities Commission in 23-1130. Type of Brief: REPLY. [1001385530] [23-1078, 23-1130] Roberta Green [Entered: 06/15/2023 02:25 PM] |
| 06/15/2023 | 109 | Receipt of paper copy of REPLY BRIEF filed at [99] by West Virginia Secondary School Activities Commission in 23-1130. Number of pages: [33 ]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 07/26/2023. [1001409267] [23-1078, 23-1130] EB [Entered: 07/26/2023 09:56 AM] |
| 07/11/2023 | 100 | MOTION by Lainey Armistead and The State of West Virginia in 23-1078 to suspend the injunction pending appeal. Date and method of service: 07/11/2023 ecf. [1001400294] [23-1078, 23-1130] Michael Williams [Entered: 07/11/2023 09:18 PM] |
| 07/12/2023 | 101 | NOTICE ISSUED to B.P.J. and Heather Jackson in 23-1078 requesting response to Motion to suspend [100] Response due 07/19/2023.[1001400512]. [23-1078, 23-1130] AW [Entered: 07/12/2023 10:08 AM] |
| 07/19/2023 | 102 | RESPONSE/ANSWER by B.P.J. and Heather Jackson in 23-1078 to [101], to suspend [100]. Nature of response: in opposition. [1001405221] [23-1078, 23-1130] Julie Veroff [Entered: 07/19/2023 06:51 PM] |
| 07/20/2023 | 103 | NOTICE by The State of West Virginia in 23-1078 that a reply will be filed.. [1001405471] [23-1078, 23-1130] Lindsay See [Entered: 07/20/2023 09:55 AM] |
| 07/20/2023 | 104 | NOTICE ISSUED to Lainey Armistead and The State of West Virginia in 23-1078 requesting reply to response on or before 07/24/2023. [102].[1001405997] [23-1078, 23-1130] AW [Entered: 07/20/2023 03:41 PM] |
| 07/21/2023 | 105 | CASE TENTATIVELY CALENDARED for oral argument during the October 24-27, 2023, argument session. Counsel shall file 4 paper copies of their briefs and appendices within 7 days. Notify Clerk’s Office of any scheduling conflict by: 07/31/2023. [1001407162] [23-1078, 23-1130] JLC [Entered: 07/21/2023 05:21 PM] |
| 07/24/2023 | 106 | REPLY by The State of West Virginia in 23-1078 to [102].. [1001408077] [23-1078, 23-1130] Michael Williams [Entered: 07/24/2023 08:39 PM] |
| 07/25/2023 | 108 | SUPPLEMENTAL AUTHORITIES by B.P.J. and Heather Jackson in 23-1078. [1001409065] . [23-1078, 23-1130] Kathleen Hartnett [Entered: 07/25/2023 06:08 PM] |
| 08/01/2023 | 124 | SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by The State of West Virginia in 23-1078. [1001413083] . [23-1078, 23-1130] Michael Williams [Entered: 08/01/2023 02:58 PM] |
| 08/02/2023 | 125 | COPY FOLLOW-UP NOTICE issued to Defense of Freedom Institute in 23-1078 requesting (4) additional copies of brief. [1001413899] Must be received in Clerk’s Office by 08/07/2023. [23-1078, 23-1130] AW [Entered: 08/02/2023 02:12 PM] |
| 08/04/2023 | 127 | COURT ORDER filed denying Motion to suspend injunction [100]. Copies to all parties. [1001415564] [23-1078, 23-1130] AW [Entered: 08/04/2023 04:39 PM] |
| 08/09/2023 | 128 | SUPPLEMENTAL AUTHORITIES by B.P.J. and Heather Jackson in 23-1078. [1001417988] . [23-1078, 23-1130] Julie Veroff [Entered: 08/09/2023 04:56 PM] |
| 08/11/2023 | 129 | SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by The State of West Virginia in 23-1078. [1001419094] . [23-1078, 23-1130] Michael Williams [Entered: 08/11/2023 12:11 PM] |
| 08/16/2023 | 130 | CASE CALENDARED for oral argument. Date: 10/27/2023. Session Starting Time: 8:30 a.m.. Check-in Time: 7:45-8:00 a.m.. Forms due within 7 calendar days. [1001422050] [23-1078, 23-1130] JLC [Entered: 08/16/2023 04:34 PM] |
| 08/17/2023 | 131 | ORAL ARGUMENT ACKNOWLEDGMENT by West Virginia Secondary School Activities Commission in 23-1078. Counsel arguing: Lindsay S. See. Answering argument time: 17 minutes. Second counsel arguing: Roberta F. Green. Answering argument time: 3 minutes. .. [1001422704] [23-1078, 23-1130] Roberta Green [Entered: 08/17/2023 02:20 PM] |
| 08/17/2023 | 132 | ORAL ARGUMENT ACKNOWLEDGMENT by B.P.J. in 23-1078. Counsel arguing: Joshua A. Block. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes. .. [1001422772] [23-1078, 23-1130] Joshua Block [Entered: 08/17/2023 03:16 PM] |
| 08/23/2023 | 133 | SUPPLEMENTAL AUTHORITIES by B.P.J. in 23-1078. [1001426038] . [23-1078, 23-1130] Julie Veroff [Entered: 08/23/2023 02:00 PM] |
| 08/24/2023 | 134 | SUPPLEMENTAL AUTHORITIES by The State of West Virginia in 23-1078. [1001426356] . [23-1078, 23-1130] Michael Williams [Entered: 08/24/2023 07:48 AM] |
| 08/24/2023 | 135 | ORDER filed granting Motion to withdraw/relieve/substitute counsel [1001426989-2] in 23-1078. Copies to all parties. [1001427043] [23-1078, 23-1130] DL [Entered: 08/24/2023 03:40 PM] |
| 08/24/2023 | 136 | Attorney Maxwell A. Baldi for Trevor Project in 23-1078 and Trevor Project in 23-1130 terminated from case. Reason for termination: Change of employment. [1001427048] [23-1078, 23-1130] DL [Entered: 08/24/2023 03:45 PM] |
| 08/28/2023 | 137 | SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by The State of West Virginia in 23-1078. [1001428206] . [23-1078, 23-1130] Michael Williams [Entered: 08/28/2023 11:26 AM] |
| 08/29/2023 | 138 | SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by B.P.J. in 23-1078. [1001429673] . [23-1078, 23-1130] Julie Veroff [Entered: 08/29/2023 03:41 PM] |
| 09/01/2023 | 139 | ORDER filed granting Motion to withdraw/relieve/substitute counsel [1001431626-2] in 23-1078. Copies to all parties. [1001432027] [23-1078, 23-1130] DL [Entered: 09/01/2023 11:29 AM] |
| 09/01/2023 | 140 | Attorney Carl S. Charles for Heather Jackson and B.P.J. in 23-1078 and Heather Jackson and B.P.J. in 23-1130 terminated from case. Reason for termination: Change of employment. [1001432032] [23-1078, 23-1130] DL [Entered: 09/01/2023 11:32 AM] |
| 10/27/2023 | 141 | ORAL ARGUMENT heard before the Honorable G. Steven Agee, Pamela A. Harris and Toby J. Heytens. Attorneys arguing case: Joshua A. Block for Appellants B.P.J. and Heather Jackson, Roberta Frances Green for Appellee West Virginia Secondary School Activities Commission and Lindsay Sara See for Appellee The State of West Virginia in 23-1078. Courtroom Deputy: Emma Breeden. [1001463078] [23-1078, 23-1130] EB [Entered: 10/27/2023 09:15 AM] |
| 04/16/2024 | 142 | PUBLISHED AUTHORED OPINION filed. Originating case number: 2:21-cv-00316. [1001553045] [23-1078, 23-1130] AW [Entered: 04/16/2024 09:38 AM] |
| 04/16/2024 | 143 | JUDGMENT ORDER filed. Decision: No. 23-1130 dismissed. No. 23-1078 vacated in part, reversed in part, and remanded with instructions. Originating case number: 2:21-cv-00316. Entered on Docket Date: 04/16/2024. Copies to all parties and the district court/agency. [1001553057] [23-1078, 23-1130] AW [Entered: 04/16/2024 09:43 AM] |
Last updated 04/22/2024
Reconciled with online docket 04/16/2024