7th Cir. 22-1786 Docket

A.C. v. Kutruf
No. 22-1786, Case History (under construction)

Court: U.S. Court of Appeals for the Seventh Circuit
Panel: Circuit Judges Frank H. Easterbrook, Diane P. Wood, and John Z. Lee

Date Filed # Docket Text
05/03/2022 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School by 05/10/2022. Transcript information sheet due by 05/17/2022. Appellant’s brief due on or before 06/13/2022 for Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. [1] [7233979] [22-1786] (CG) [Entered: 05/04/2022 12:37 PM]
05/04/2022 2 ORDER: Appellants and appellee shall file, on or before May 18, 2022, a brief memorandum stating why the parties should not return to the district court to seek and obtain an injunction order that complies with the requirement of Fed. R. Civ. P. 65 (d)(1)(C). See Cf. Quincy Bioscience, LLC v. Ellishbrooks, 957 F.3d 725, 728 n.17 (7th Cir. 2020) (court issued a limited remand for parties to seek an injunction that complies with Rule 65 (d)(1)(C).); MillerCoors LLC v. Anheuser-Busch Companies, LLC 940 F.3d 922 (7th Cir. 2019) (per curiam) (same). (See order for further details) DW [2] [7234107] [22-1786] (PS) [Entered: 05/04/2022 04:47 PM]
05/05/2022 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kenneth J. Falk for Appellee A.C.. [3] [7234126] (L-Yes; E-Yes; R-No) [22-1786]–[Edited 05/05/2022 by PS – to reflect the addition of counsel.] (Falk, Kenneth) [Entered: 05/05/2022 08:59 AM]
05/05/2022 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stevie Pactor for Appellee A.C.. [4] [7234143] (L-No; E-Yes; R-No) [22-1786]–[Edited 05/05/2022 by PS – to reflect the addition of counsel.] (Pactor, Stevie) [Entered: 05/05/2022 09:34 AM]
05/05/2022 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan Stuart for Appellee A.C. [5] [7234242] (L-No; E-Yes; R-No) [22-1786]–[Edited 05/05/2022 by MM to reflect addition of counsel.] (Stuart, Megan) [Entered: 05/05/2022 12:47 PM]
05/05/2022 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kathleen Bensberg for Appellee A.C.. [6] [7234245] (L-No; E-Yes; R-No) [22-1786] (Bensberg, Kathleen) [Entered: 05/05/2022 12:51 PM]
05/06/2022 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Philip R. Zimmerly for Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. [7] [7234564] (L-Yes; E-Yes; R-No) [22-1786] (Zimmerly, Philip) [Entered: 05/06/2022 01:57 PM]
05/06/2022 8 Filed Seventh Circuit Transcript Information Sheet by Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. [8] [7234571] [22-1786] (Moxley, David) [Entered: 05/06/2022 02:05 PM]
05/09/2022 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan L. Mayes for Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. [9] [7234766] (L-Yes; E-Yes; R-No) [22-1786] [9] [7234766] [22-1786]–[Edited 07/28/2022 by CMD to reflect addition of counsel.] (Mayes, Jonathan) [Entered: 05/09/2022 09:31 AM]
05/09/2022 10 Docketing Statement filed by Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. Prior or Related proceedings: No. [10] [7234767] [22-1786] (Zimmerly, Philip) [Entered: 05/09/2022 09:37 AM]
05/09/2022 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark A. Wohlford for Appellants Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School. [11] [7234931] (L-No; E-Yes; R-No) [22-1786] [11] [7234931] [22-1786]–[Edited 05/09/2022 by HTP to reflect addition of counsel.] (Wohlford, Mark) [Entered: 05/09/2022 02:05 PM]
05/10/2022 12 Docketing Statement filed by Appellee A.C.. Prior or Related proceedings: No. [12] [7235279] [22-1786] (Falk, Kenneth) [Entered: 05/10/2022 02:19 PM]
05/12/2022 13 Amended Docketing Statement filed by Appellee A.C.. Prior or Related proceedings: No. [13] [7235737] [22-1786] (Falk, Kenneth) [Entered: 05/12/2022 09:46 AM]
05/17/2022 14 Filed Memorandum by Appellants Metropolitan School District of Martinsville and Fred Kutruff to Court Order on Federal Rule of Civil Procedure 65. [14][7236564] [22-1786] (Zimmerly, Philip) [Entered: 05/17/2022 06:52 AM]
05/17/2022 15 Filed Response by Appellee A.C. to Court’s Order of May 4, 2022 – Memorandum in Support of Limited Remand. [15][7236565] [22-1786] (Falk, Kenneth) [Entered: 05/17/2022 07:32 AM]
05/19/2022 16 Filed Response by Appellants Metropolitan School District of Martinsville and Fred Kutruff Attorney Philip R. ZImmerly to Supplement to Appellants’ Memorandum in Response to Court Order on FR of CP 65 with Exhibit. [16][7237410] [22-1786] (Zimmerly, Philip) [Entered: 05/19/2022 02:35 PM]
05/20/2022 17 Filed District Court order dated 05/19/2022, granting motion for Preliminary Injunction. Forwarded to SCR. [17] [7237518] [22-1786] (CAG) [Entered: 05/20/2022 08:58 AM]
05/20/2022 18 ORDER: On consideration of the Jurisdictional Memoranda filed by the parties, and the district court’s standalone preliminary injunction order issued on May 19, 2022, this appeal shall proceed to briefing. The briefing schedule is as follows: Appellants’ brief due on or before 06/13/2022 for Metropolitan School District of Martinsville and Fred Kutruff. Appellee’s brief due on or before 07/13/2022 for A.C. Appellants’ reply brief, if any, is due on or before 08/03/2022 for Appellants Fred Kutruff and Metropolitan School District of Martinsville. DW [7237654] [22-1786] (PS) [Entered: 05/20/2022 01:00 PM]
06/08/2022 19 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Ms. Kathleen Belle Bensberg for Appellee A.C. has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, “Application for Admission to Practice in the Seventh Circuit”. [19] [7241263] [22-1786] (LJ) [Entered: 06/08/2022 02:17 PM]
06/08/2022 20 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Megan Stuart for Appellee A.C. has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, “Application for Admission to Practice in the Seventh Circuit”. [20] [7241279] [22-1786] (LJ) [Entered: 06/08/2022 02:36 PM]
06/13/2022 21 Submitted appellant brief by Philip R. Zimmerly for Appellants Fred Kutruff and Metropolitan School District of Martinsville. [21] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7242176] [22-1786] (Zimmerly, Philip) [Entered: 06/13/2022 03:42 PM]
06/13/2022 22 Appellant’s brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville. Paper copies due on 06/21/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [22] [7242197] [22-1786] (MAN) [Entered: 06/13/2022 04:05 PM]
06/16/2022 23 Paper copies of appellant brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville. [23] [7242886] [22-1786] (CAG) [Entered: 06/16/2022 11:15 AM]
06/20/2022 24 Submitted brief by Thomas M. Fisher for amicus States of Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Federal or state filer (consent unnecessary). [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7243372] [22-1786] (Fisher, Thomas) [Entered: 06/20/2022 05:22 PM]
06/20/2022 25 Motion filed by Appellee A.C. to extend time to file appellee brief. [25] [7243373] [22-1786] (Falk, Kenneth) [Entered: 06/20/2022 05:39 PM]
06/21/2022 26 Amicus brief filed by Amicus Curiae State of Indiana, et al. government filing, no consent necessary. Paper copies due on 06/28/2022 Electronically Transmitted. [26] [7243397] [22-1786] (LJ) [Entered: 06/21/2022 09:14 AM]
06/21/2022 27 Order issued GRANTING motion to extend time to file appellee’s brief. [25] Appellee’s brief due on or before 07/27/2022 for A.C.. Appellants’ reply brief, if any, is due on or before 08/17/2022 for Appellants Fred Kutruff and Metropolitan School District of Martinsville. SCR [27] [7243442] [22-1786] (HTP) [Entered: 06/21/2022 10:38 AM]
06/21/2022 28 Appearance form filed by Attorney Thomas M. Fisher for Amicus Curiae State of Indiana. Additional Parties: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. [28] [7243543] (L-Yes; E-Yes; R-No) [22-1786] (Fisher, Thomas) [Entered: 06/21/2022 01:31 PM]
06/23/2022 29 Paper copies of amicus brief filed by Amicus Curiae State of Indiana, et al. [29] [7244018] [22-1786] (CAG) [Entered: 06/23/2022 09:37 AM]
07/26/2022 30 Submitted appellee brief by Kenneth J. Falk for Appellee A.C.. [30] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7250588] [22-1786] (Falk, Kenneth) [Entered: 07/26/2022 12:52 PM]
07/26/2022 31 Motion by Appellee A.C. to seal Unredacted Version of Order Granting Gender Marker Change. [31] NOTE: Access to this entry is limited to counsel of record. [7250593] [22-1786] (Falk, Kenneth) [Entered: 07/26/2022 01:01 PM]
07/26/2022 32 Brief deficiency letter sent to Appellee A.C.. [32] [7250651] [22-1786] (LCP) [Entered: 07/26/2022 02:44 PM]
07/26/2022 33 Re-Submitted appellee brief by Kenneth J. Falk for Appellee A.C.. [33] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7250660] [22-1786] (Falk, Kenneth) [Entered: 07/26/2022 03:18 PM]
07/26/2022 34 Appellee’s brief filed by Appellee A.C.. Paper copies due on 08/02/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [34] [7250670] [22-1786] (LCP) [Entered: 07/26/2022 03:40 PM]
07/26/2022 35 NOTICE: Attorney Mr. Philip R. Zimmerly for Appellants Fred Kutruff and Metropolitan School District of Martinsville will not be available for oral argument September 8-9; September 12; September 21; October 31; November 1-4; December 6, 2022. February 6-10, 2023.. [35] [7250692] [22-1786] (Zimmerly, Philip) [Entered: 07/26/2022 04:19 PM]
07/27/2022 36 NOTICE: Attorney Mr. Kenneth J. Falk for Appellee A.C. will not be available for oral argument September 8, 2022; September 14-15, 2022; September 19 and 22, 2022; September 29-30, 2022; October 4, 2022; October 4, 2022; October 26-28, 2022; December 8-9, 2022; December 14, 2022; January 10, 2023.. [36] [7250844] [22-1786] (Falk, Kenneth) [Entered: 07/27/2022 11:59 AM]
07/27/2022 37 Motion filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville for Hearing En Banc. [37] [7251038] [22-1786] (Zimmerly, Philip) [Entered: 07/27/2022 10:50 PM]
07/28/2022 38 ORDER re: Motion to seal unredacted version of order granting gender marker change Appellants’ Petition for Rehearing En Banc. IT IS ORDERED that the motion is GRANTED. The clerk of this court shall file the tendered document under seal as a supplemental appendix. IT IS FURTHER ORDERED that counsel for the appellee shall file updated disclosure statements with the true names of A.C. and M.C. on or before August 11, 2022. The clerk shall maintain the updated disclosure statements under seal. See Cir. R. 26.1(b). NER [38] [7251163] [22-1786]–[Edited 07/28/2022 by ER – edit entry to reflect correct motion and replaced form] (ER) [Entered: 07/28/2022 02:23 PM]
07/28/2022 39 SEALED Supplemental Appendix filed by Appellee A.C., per order. [39] [7251251] [22-1786] (MAN) [Entered: 07/28/2022 04:00 PM]
07/29/2022 40 Filed Response with sealed item(s) by Appellee A.C. to Court Order of July 28, 2022. [40][7251316] [22-1786]–[Edited 07/29/2022 by JAD- This is the submission of the Sealed Disclosure Statement per 7/28/2022 order. This will be entered as a separate entry on the court’s docket.] (Falk, Kenneth) [Entered: 07/29/2022 09:41 AM]
07/29/2022 41 Paper copies of appellee brief filed by Appellee A.C.. [41] [7251336] [22-1786] (MLM) [Entered: 07/29/2022 10:54 AM]
07/29/2022 42 Filed Response with sealed item(s) by Appellee A.C. Attorney Stevie Pactor to Court order of July 28, 2022. [42][7251347] [22-1786]–[Edited 07/29/2022 by JAD- This is the submission of the Sealed Disclosure Statement per 7/28/2022 order. This will be entered as a separate entry on the court’s docket.] (Pactor, Stevie) [Entered: 07/29/2022 10:59 AM]
07/29/2022 43 SEALED Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mr. Kenneth J. Falk for Appellee A.C. (Filed under seal per 7/28/2022 order.) [43] [7251386] [22-1786] (JAD) [Entered: 07/29/2022 12:24 PM]
07/29/2022 44 SEALED Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ms. Stevie J. Pactor for Appellee A.C. (Filed under seal per 7/28/2022 order.) [44] [7251390] [22-1786] (JAD) [Entered: 07/29/2022 12:27 PM]
07/29/2022 45 Filed Response with sealed item(s) by Appellee A.C. to Court’s Order of July 28, 2022. [45][7251432] [22-1786]–[Edited 07/29/2022 by JAD- This is the submission of the Sealed Disclosure Statement per 7/28/2022 order. This will be entered as a separate entry on the court’s docket.] (Bensberg, Kathleen) [Entered: 07/29/2022 02:27 PM]
07/29/2022 46 SEALED Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ms. Kathleen Belle Bensberg for Appellee A.C. (Filed under seal per 7/28/2022 order.) [46] [7251466] [22-1786] (JAD) [Entered: 07/29/2022 03:27 PM]
08/02/2022 47 Filed Response with sealed item(s) by Appellee A.C. Attorney Megan Stuart to Response to the Court’s Order of July 28. [47][7251827] [22-1786]–[Edited 08/02/2022 by CG – This is the submission of the Sealed Disclosure Statement per 7/28/2022 order. This will be entered as a separate entry on the court’s docket.] (Stuart, Megan) [Entered: 08/02/2022 09:49 AM]
08/02/2022 48 SEALED Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan Stuart for Appellee A.C. (Filed under seal per 07/28/2022 order.) [48] [7251868] [22-1786] (CG) [Entered: 08/02/2022 11:19 AM]
08/02/2022 49 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Clifford Berlow for Indiana Chapter of the American Academy of Pediatrics; American College of Physicians; American Medical Association; Endocrine Society; GLMA Health Professionals Advancing LGBT Equality. Additional Parties: Mental Health America; World Professional Association for Transgender Health. [49] [7251915] (L-Yes; E-Yes; R-No) [22-1786] (Berlow, Clifford) [Entered: 08/02/2022 12:35 PM]
08/02/2022 50 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Illyana A. Green for Indiana Chapter of the American Academy of Pediatrics (INAAP); American College of Physicians (ACP); American Medical Association (AMA); Endocrine Society; GLMA-Health Professionals Advancing LGBT Equality;. Additional Parties: Mental Health America; World Professional Association for Transgender Health (WPATH). [50] [7251921] (L-No; E-Yes; R-No) [22-1786] (Green, Illyana) [Entered: 08/02/2022 12:39 PM]
08/02/2022 51 Submitted brief by Dimitri D. Portnoi for amicus Anti-Sexual Assault, Domestic Violence, and Gender-Based Violence Organizations. Consent from all parties contained within brief. [51] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7252026] [22-1786] (Portnoi, Dimitri) [Entered: 08/02/2022 03:58 PM]
08/02/2022 52 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Cynthia Cook Robertson for Amici Curiae School Administrators. [52] [7252065] (L-Yes; E-Yes; R-No) [22-1786] (Robertson, Cynthia) [Entered: 08/02/2022 05:48 PM]
08/02/2022 53 Submitted brief by Mark S. Grube for amicus New York, Washington, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, District of Columbia. Federal or state filer (consent unnecessary). [53] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7252068] [22-1786] (Grube, Mark) [Entered: 08/02/2022 07:11 PM]
08/02/2022 54 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kara N. Ingelhart for Amici Curiae School Administrators. [54] [7252070] (L-No; E-Yes; R-No) [22-1786] (Ingelhart, Kara) [Entered: 08/02/2022 07:30 PM]
08/02/2022 55 Submitted brief by Joseph J. Wardenski for amicus Indiana Youth Group; GLSEN. Consent from all parties contained within brief. [55] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7252072] [22-1786] (Wardenski, Joseph) [Entered: 08/02/2022 09:27 PM]
08/02/2022 56 Submitted brief by Clifford W. Berlow for amicus American Academy of Pediatrics,Indiana Chapter of the American Academy of Pediatrics,American College of Physicians,American Medical Association,Endocrine Society,GLMA-Health Professionals Advancing LGBT Equality,Mental Health America,WPATH, and AMWA. Consent from all parties contained within brief. [56] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7252076] [22-1786] (Berlow, Clifford) [Entered: 08/02/2022 11:21 PM]
08/02/2022 57 Submitted brief by Cynthia Cook Robertson for amicus Amici Curiae School Administrators. Consent from all parties contained within brief. [57] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7252077] [22-1786] (Robertson, Cynthia) [Entered: 08/02/2022 11:28 PM]
08/02/2022 58 Amicus brief filed by Amicus Curiae School Administrators from Sixteen States and the District of Columbia, by consent. Paper copies due on 08/09/2022. Electronically Transmitted. [58] [7252089] [22-1786] (MAN) [Entered: 08/03/2022 09:08 AM]
08/02/2022 59 Amicus brief filed by Amici Curiae State of Connecticut, State of Colorado, State of California, State of Washington State of New York, et al., government filing, no consent necessary. Paper copies due on 08/09/2022. Electronically Transmitted. [59] [7252091] [22-1786] (MAN) [Entered: 08/03/2022 09:18 AM]
08/02/2022 60 THE AMICUS BRIEF AT #59 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #59, yet are not reflected on the Appellate docket/caption for administrative purposes: DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, OREGON, PENNSYLVANIA, RHODE ISLAND, AND VERMONT, AND THE DISTRICT OF COLUMBIA. [60] [7252092] [22-1786] (MAN) [Entered: 08/03/2022 09:19 AM]
08/02/2022 61 Amicus brief filed by Amicus Curiae Indiana Youth Group, GLSEN by consent. Paper copies due on 08/09/2022 Electronically Transmitted. [61] [7252113] [22-1786] (LCP) [Entered: 08/03/2022 09:50 AM]
08/02/2022 63 Amicus brief filed by Amici Curiae Endocrine Society, American Medical Association, American College of Physicians, Indiana Chapter of the American Academy of Pediatrics and American Academy of Pediatrics, et al. by consent. Paper copies due on 08/09/2022 Electronically Transmitted. [63] [7252124] [22-1786] Date updated: 08/03/2022 (CAG) [Entered: 08/03/2022 10:08 AM]
08/02/2022 65 Amicus brief filed by Amici Curiae Gender-Based Violence Organizations, Domestic Violence and Anti-Sexual Assault by consent. Paper copies due on 08/09/2022 Electronically Transmitted. [65] [7252233] [22-1786] (CAG) [Entered: 08/03/2022 02:14 PM]
08/03/2022 62 Appearance form filed by Attorney Mark S. Grube for Amici Curiae State of California, State of Colorado, State of Connecticut, State of New York and State of Washington. Additional Parties: Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, District of Columbia. [62] [7252121] (L-Yes; E-Yes; R-No) [22-1786] (Grube, Mark) [Entered: 08/03/2022 10:00 AM]
08/03/2022 64 THE AMICUS BRIEF AT #63 CONSISTS OF MORE THAN 5 PARTIES. The following are those parties to this cause as reflected on the Amicus Brief at #63, yet are not reflected on the Appellate docket/caption for administrative purposes: GLMA-HEALTH PROFESSIONALS ADVANCING LGBT EQUALITY, MENTAL HEALTH AMERICA, WPATH, AND AMWA [64] [7252150] [22-1786] (CAG) [Entered: 08/03/2022 11:26 AM]
08/04/2022 66 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Clifford W. Berlow for Amici Curiae American College of Physicians, American Medical Association, Indiana Chapter of the American Academy of Pediatrics, Endocrine Society and American Academy of Pediatrics. for GLMA-Health Professionals Advancing LGBT Equality; Mental Health America (MHA); World Professional Association for Transgender Health (WPATH); American Medical Women’s Association (AMWA). [66] [7252414] (L-Yes; E-Yes; R-No) [22-1786] (Berlow, Clifford) [Entered: 08/04/2022 10:49 AM]
08/04/2022 67 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Illyana A. Green for Amici Curiae American Academy of Pediatrics, American College of Physicians, American Medical Association, Endocrine Society and Indiana Chapter of the American Academy of Pediatrics. for GLMA-Health Professionals Advancing LGBT Equality; Mental Health America (MHA); World Professional Association for Transgender Health (WPATH); American Medical Women’s Association (AMWA). [67] [7252417] (L-No; E-Yes; R-No) [22-1786] (Green, Illyana) [Entered: 08/04/2022 10:53 AM]
08/04/2022 68 Paper copies of amicus brief filed by Amici Curiae American Academy of Pediatrics, American College of Physicians, American Medical Association, Endocrine Society and Indiana Chapter of the American Academy of Pediatrics. [68] [7252423] [22-1786] (LCP) [Entered: 08/04/2022 11:02 AM]
08/05/2022 69 Paper copies of amicus brief filed by Amici Curiae Anti-Sexual Assault, Domestic Violence and Gender-Based Violence Organizations. [69] [7252757] [22-1786] (KRA) [Entered: 08/05/2022 10:20 AM]
08/08/2022 70 Paper copies of amicus brief filed by Amicus Curiae School Administrators from Sixteen States and the District of Columbia. [70] [7253104] [22-1786] (MLM) [Entered: 08/08/2022 10:42 AM]
08/08/2022 71 Paper copies of amicus brief filed by Amici Curiae State of California, State of Colorado, State of Connecticut, State of New York and State of Washington, et al. [71] [7253134] [22-1786] (MLM) [Entered: 08/08/2022 11:41 AM]
08/08/2022 72 Motion filed by Appellants Metropolitan School District of Martinsville and Fred Kutruff to extend time to file appellant reply brief. [72] [7253148] [22-1786] (Zimmerly, Philip) [Entered: 08/08/2022 12:21 PM]
08/08/2022 73 Paper copies of amicus brief filed by Amicus Curiae Indiana Youth Group, GLSEN. [73] [7253180] [22-1786] (MLM) [Entered: 08/08/2022 01:08 PM]
08/08/2022 74 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph Wardenski, Shannon Minter, Christopher Stoll, Asaf Orr for Amicus Curiae Indiana Youth Group, GLSEN. [74] [7253268] (L-Yes; E-Yes; R-No) [22-1786] [74] [7253268] [22-1786]–[Edited 08/08/2022 by HTP to reflect addition of counsel.] (Wardenski, Joseph) [Entered: 08/08/2022 03:54 PM]
08/09/2022 75 Order issued GRANTING motion to extend time to file appellants’ reply brief [72] Appellants’ reply brief, if any, is due on or before 08/31/2022 for Appellants Fred Kutruff and Metropolitan School District of Martinsville. CDH [75] [7253422] [22-1786] (AP) [Entered: 08/09/2022 09:51 AM]
08/11/2022 76 ORDER re: Appellants’ Petition for Hearing En Banc. No judge in active service requested a vote on the petition for initial hearing en banc. Accordingly, the petition is DENIED. [76] [7254051] [22-1786] (AD) [Entered: 08/11/2022 11:07 AM]
08/12/2022 77 ORDER issued GRANTING Appellants’ Unopposed Motion to Consolidate Appeals. [7252892-2] These appeals are CONSOLIDATED for briefing and disposition. The remainder of the briefing schedule will proceed as follows: 1. The appellants shall file their joint brief and required short appendix in Appeal No. 22-2318 on or before September 12, 2022. 2. The appellees shall file their joint brief in Appeal No. 22-2318 on or before October 12, 2022. 3. The appellants shall file their reply brief(s), if any, on or before November 2, 2022. JPK [77] [7254307] [22-1786, 22-2318] (AD) [Entered: 08/12/2022 10:09 AM]
08/21/2022 78 Joint motion filed by Appellees B. E. and S. E. in 22-2318, Appellee A.C. in 22-1786 for Amicus Briefs filed in No. 22-1786 to be Deemed filed in Consolidated Appeal. [78] [7255767] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 08/21/2022 07:28 PM]
08/22/2022 79 ORDER re: Joint motion for amicus briefs filed in No. 22-1786 to be deemed filed in consolidated appeal. The motion is GRANTED. The briefs of amici curiae filed in Appeal No. 22-1786 shall also be deemed to have been filed in Appeal No. 22-2318. The clerk of this court shall distribute a copy of this order to the merits panel along with the briefs. [78] JPK [79] [7255871] [22-1786, 22-2318] (HTP) [Entered: 08/22/2022 11:32 AM]
09/12/2022 80 Submitted appellant brief by Philip R. Zimmerly for Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318, Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786. [80] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7259958] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 09/12/2022 05:10 PM]
09/12/2022 81 Appellant’s brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786, Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318. Paper copies due on 09/19/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [81] [7260066] [22-1786, 22-2318] (MLM) [Entered: 09/13/2022 10:29 AM]
09/15/2022 82 Paper copies of appellant brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786, Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318. [82] [7260750] [22-1786, 22-2318] (MLM) [Entered: 09/15/2022 01:41 PM]
09/19/2022 83 ORDER: Appellants shall file a paper captioned Amended Jurisdictional Statement no later than September 26, 2022, that provides the omitted information noted above and otherwise complies with all the requirements of Fed. R. App. P. 28(a)(4) and Circuit Rule 28(a). The Clerk shall DISTRIBUTE, along with the briefs in this appeal, copies of this order and appellants’ Amended Jurisdictional Statement to the assigned merits panel. (See order for further details). DW [83] [7261501] [22-1786, 22-2318] (HTP) [Entered: 09/19/2022 04:32 PM]
09/21/2022 84 Amended Jurisdictional Statement filed by Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318, Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786. [84] [7261931] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 09/21/2022 10:27 AM]
10/07/2022 85 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kathleen Bensberg for Appellees B. E. and S. E. in 22-2318. [85] [7265399] (L-No; E-Yes; R-No) [22-2318, 22-1786] (Bensberg, Kathleen) [Entered: 10/07/2022 01:04 PM]
10/07/2022 86 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan Stuart for Appellees B. E. and S. E. in 22-2318. [86] [7265405] (L-No; E-Yes; R-No) [22-2318, 22-1786]–[Edited 10/07/2022 by FP to reflect that atty. Stuart is added to the docket.] (Stuart, Megan) [Entered: 10/07/2022 01:34 PM]
10/11/2022 87 Submitted appellee brief by Kenneth J. Falk for Appellee A.C. in 22-1786, Appellees B. E. and S. E. in 22-2318. [87] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7265649] [22-1786, 22-2318] (Falk, Kenneth) [Entered: 10/11/2022 11:33 AM]
10/11/2022 88 Appellee’s brief filed by Appellees B. E. and S. E. Paper copies due on 10/18/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [88] [7265673] [22-2318] (GW) [Entered: 10/11/2022 12:36 PM]
10/11/2022 89 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument November 10, 17, 2022; December 5-9, 14, 2022; January 4-6, 9-10, 17, 2023; February 16, 2023; April 14, 2023. [89] [7265754] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 10/11/2022 03:08 PM]
10/11/2022 90 NOTICE: Attorney Mr. Philip R. Zimmerly for Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318, Attorney Mr. Philip R. Zimmerly for Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786 will not be available for oral argument Nov. 9, Nov. 29, Dec. 1, Dec. 6-8, Dec. 13-14, 2022; Jan. 17, July 11-12, Aug. 1-2, 2023. [90] [7265809] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 10/11/2022 03:41 PM]
10/12/2022 91 NOTICE: Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786, Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318 will not be available for oral argument January 12-13, 2022 (in addition to dates previously submitted). [91] [7266015] [22-1786, 22-2318] (Falk, Kenneth) [Entered: 10/12/2022 02:38 PM]
10/12/2022 92 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument January 12-13, 2023 (in addition to the dates previously noted). [92] [7266019] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 10/12/2022 02:46 PM]
10/13/2022 93 Paper copies of appellee brief filed by Appellees B. E. and S. E.. [93] [7266195] [22-2318] (KRA) [Entered: 10/13/2022 10:55 AM]
10/18/2022 94 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument In addition to dates previously noted, counsel is not available January 18-20, 2023. Counsel is now available on January 12-13, 2023.. [94] [7267124] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 10/18/2022 10:18 AM]
11/02/2022 95 Submitted appellant reply brief by Philip R. Zimmerly for Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318, Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786. [95] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court’s docket as a separate entry which will be open to the public. [7270732] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 11/02/2022 10:20 AM]
11/02/2022 96 Appellant’s reply brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786, Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318. Paper copies due on 11/09/2022. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel’s unavailability for oral argument must be submitted by letter, filed electronically with the Clerk’s Office, no later than the filing of the appellant’s brief in a criminal case and the filing of an appellee’s brief in a civil case. See Cir. R. 34(b)(3). The court’s calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [96] [7270825] [22-1786, 22-2318] (CAG) [Entered: 11/02/2022 01:04 PM]
11/04/2022 97 Paper copies of appellant reply brief filed by Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786, Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318. [97] [7271432] [22-1786, 22-2318] (KRA) [Entered: 11/04/2022 11:47 AM]
11/04/2022 98 Motion filed by Attorney Kathleen Bensberg in 22-1786, Appellees B. E. and S. E. in 22-2318 to withdraw as counsel for Appellee A.C. [98] [7271508] [22-1786, 22-2318]–[Edited 11/04/2022 by CG to reflect attorney filer.] (Bensberg, Kathleen) [Entered: 11/04/2022 02:43 PM]
11/04/2022 99 Order issued GRANTING motion to withdraw appearance as attorney in a civil case. Attorney Kathleen B. Bensberg may withdraw from further representation of A.C., B.E., and S.E. Attorneys Kenneth J. Falk, Stevie J. Pactor, and Megan Stuart will continue to represent appellees A.C., B.E., and S.E. The clerk will update the docket accordingly. [98] CDH [99] [7271565] [22-1786, 22-2318] (ER) [Entered: 11/04/2022 04:06 PM]
11/14/2022 100 Filed Appellants Principal, Terre Haute North Vigo High School and Vigo County School Corporation in 22-2318, Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786 Citation of Additional Authority, per Circuit Rule 28(e). [100] [7272992] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 11/14/2022 10:25 AM]
11/21/2022 101 NOTICE: Attorney Mr. Philip R. Zimmerly for Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786, Attorney Mr. Philip R. Zimmerly for Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318 will not be available for oral argument Nov. 29, 2022; Dec. 1, 5, 8, 14, 2022; Jan. 12-13, 17, 19-20, 25, 2023; Feb. 16, 2023; July 11-12, 2023; Aug. 1-2, 2023. [101] [7274396] [22-1786, 22-2318] (Zimmerly, Philip) [Entered: 11/21/2022 07:31 AM]
11/23/2022 102 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument January 12, 2023, in addition to the dates previously noted. [102] [7275174] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 11/23/2022 01:40 PM]
11/30/2022 103 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument January 24, 2023 in addition to the dates previously indicated. [103] [7276087] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 11/30/2022 12:25 PM]
12/06/2022 104 NOTICE: Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318, Attorney Mr. Kenneth J. Falk for Appellee A.C. in 22-1786 will not be available for oral argument April 20 and 21, 2023, in addition to the dates previously indicated. [104] [7277441] [22-2318, 22-1786] (Falk, Kenneth) [Entered: 12/06/2022 12:07 PM]
01/04/2023 105 Filed Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318, Appellants Metropolitan School District of Martinsville and Fred Kutruff in 22-1786 Citation of Additional Authority, per Circuit Rule 28(e). [105] [7282445] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 01/04/2023 08:57 AM]
01/11/2023 106 Argument set for Wednesday, February 15, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 15 minutes. [106] [7284224] [22-2318, 22-1786] (LCP) [Entered: 01/11/2023 02:48 PM]
01/20/2023 107 Received argument confirmation from Kenneth J. Falk for Appellee A.C. in 22-1786, Appellees B. E. and S. E. in 22-2318. [107] [7285974] [22-1786, 22-2318] (Falk, Kenneth) [Entered: 01/20/2023 07:21 AM]
01/20/2023 108 Received argument confirmation from Philip Zimmerly for Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318, Appellants Metropolitan School District of Martinsville and Fred Kutruff in 22-1786. [108] [7285977] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 01/20/2023 08:22 AM]
02/01/2023 109 Filed Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318, Appellants Fred Kutruff and Metropolitan School District of Martinsville in 22-1786 Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 02/15/2023. [109] [7288352] [22-2318, 22-1786] (Zimmerly, Philip) [Entered: 02/01/2023 08:14 AM]
02/03/2023 110 Motion filed by Amicus Curiae Indiana Youth Group, GLSEN in 22-1786 to withdraw as counsel [110] [7289260] [22-1786, 22-2318] (Minter, Shannon) [Entered: 02/03/2023 06:34 PM]
02/06/2023 111 Received argument confirmation per argument email form for Attorney Mr. Philip R. Zimmerly for Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School in 22-2318. [111] [7289294] [22-2318, 22-1786] (SK) [Entered: 02/06/2023 09:16 AM]
02/06/2023 112 Received argument confirmation per argument email form for Attorney Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318. [112] [7289319] [22-1786, 22-2318] (SK) [Entered: 02/06/2023 09:37 AM]
02/06/2023 113 ORDER issued GRANTING Motion to Withdraw Appearance of Attorney of Record. [110] Attorney Asaf Orr may withdraw from further representation of amici curiae Indiana Youth Group and GLSEN in this matter. Attorney Joseph J. Wardenski shall continue to serve as counsel of record for amici curiae Indiana Youth Group and GLSEN. CDH [113] [7289510] [22-1786, 22-2318] (AD) [Entered: 02/06/2023 03:50 PM]
02/15/2023 114 Case heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Diane P. Wood, Circuit Judge and John Z. Lee, Circuit Judge. [114] [7291480] [22-1786, 22-2318] (MLM) [Entered: 02/15/2023 11:44 AM]
02/15/2023 115 Case argued by Mr. Philip R. Zimmerly for Appellants Metropolitan School District of Martinsville and Fred Kutruff and Mr. Kenneth J. Falk for Appellee A.C. in 22-1786, Mr. Philip R. Zimmerly for Appellants Vigo County School Corporation and Principal, Terre Haute North Vigo High School and Mr. Kenneth J. Falk for Appellees B. E. and S. E. in 22-2318. [115] [7291481] [22-1786, 22-2318] (MLM) [Entered: 02/15/2023 11:44 AM]
08/01/2023 116 Filed opinion of the court by Judge Wood. AFFIRMED. Frank H. Easterbrook, Circuit Judge, concurring; Diane P. Wood, Circuit Judge and John Z. Lee, Circuit Judge. [116] [7326866] [22-1786, 22-2318] (ER) [Entered: 08/01/2023 04:46 PM]
08/01/2023 117 ORDER: Final judgment filed per opinion. With costs: yes. [117] [7326868] [22-1786, 22-2318] (ER) [Entered: 08/01/2023 04:49 PM]
08/23/2023 118 Mandate issued. No record to be returned. [118] [7331334] [22-2318, 22-1786] (CAG) [Entered: 08/23/2023 08:45 AM]
08/23/2023 FOR COURT USE ONLY: Certified copy of 08/01/2023 Opinion and Final Judgment with Mandate sent to the District Court Clerk. [7331335-2] [7331335] [22-2318, 22-1786] (CAG) [Entered: 08/23/2023 08:48 AM]
10/13/2023 119 Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 23-392 [119] [7341779] [22-1786] (HTP) [Entered: 10/16/2023 02:18 PM]

Last updated 12/22/2023
Reconciled with online docket 11/24/2023