D. Or. 6:21-cv-00474 Docket

Hunter v. U.S. Department of Education
No. 6:21-cv-00474, Case History (under construction)

Court: District of Oregon (Eugene (6))
Assigned to: Judge Ann L. Aiken

Date Filed # Docket Text
03/29/2021 1 ***SEALED*** Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8014072 Jury Trial Requested: Yes. Filed by Lucas Wilson, Audrey Wojnarowisch, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Louis James, Veronica Bonifacio Penales, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Civil Cover Sheet). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 03/29/2021)
03/30/2021 2 CASE MANAGEMENT ORDER. Signed on 3/30/2021 by Judge Ann L. Aiken. (ck) (Entered: 03/30/2021)
03/30/2021 3 Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/28/2021. Joint Alternate Dispute Resolution Report is due by 8/27/2021. Pretrial Order is due by 8/27/2021. Ordered by Judge Ann L. Aiken. (bd) (Entered: 03/30/2021)
04/09/2021 4 Proposed Summons to Department of Education Filed by All Plaintiffs. (Southwick, Paul) (Entered: 04/09/2021)
04/09/2021 5 Proposed Summons Suzanne Goldberg, in her official capacity as Acting Assistant Secretary for Civil Rights Filed by All Plaintiffs. (Southwick, Paul) (Entered: 04/09/2021)
04/09/2021 6 Summons Issued Electronically as to U.S. Department of Education. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw) (Entered: 04/09/2021)
04/09/2021 7 Summons Issued Electronically as to Suzanne Goldberg. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw) (Entered: 04/09/2021)
04/09/2021 8 Motion to Intervene and Memorandum in Support. Filed by Western Baptist College d/b/a Corban University, William Jessup University, Phoenix Seminary. (Attachments: # 1 Exhibit 1) (Waggoner, Kristen) (Entered: 04/09/2021)
04/09/2021 9 Declaration of Sheldon C. Nord Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)
04/09/2021 10 Declaration of John Jackson, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)
04/09/2021 11 Declaration of Brian Arnold, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene 8 .) (Waggoner, Kristen) (Entered: 04/09/2021)
04/09/2021 12 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Cortman, David) (Entered: 04/09/2021)
04/09/2021 13 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Tucker, Ryan) (Entered: 04/09/2021)
04/09/2021 Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307 13 ; Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292 12 : Reviewed and Ready for Ruling. (ck) (Entered: 04/09/2021)
04/09/2021 14 ORDER: Granting Motion for Leave to Appear Pro Hac Vice 12 ; Granting Motion for Leave to Appear Pro Hac Vice 13 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/09/2021)
04/12/2021 15 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Lippelmann, Mark) (Entered: 04/12/2021)
04/13/2021 Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551 15  Reviewed and Ready for Ruling. (ck) (Entered: 04/13/2021)
04/13/2021 16 ORDER: Granting Motion for Leave to Appear Pro Hac Vice 15 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/13/2021)
04/14/2021 17 Amended Certificate of Service by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University of Motion to Intervene and Memorandum in Support 8 Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Lippelmann, Mark) (Entered: 04/14/2021)
04/14/2021 18 Corporate Disclosure Statement of Western Baptist College d/b/a Corban University. Filed by Western Baptist College d/b/a Corban University. (Lippelmann, Mark) (Entered: 04/14/2021)
04/14/2021 19 Corporate Disclosure Statement of William Jessup University. Filed by William Jessup University. (Lippelmann, Mark) (Entered: 04/14/2021)
04/14/2021 20 Corporate Disclosure Statement of Phoenix Seminary. Filed by Phoenix Seminary. (Lippelmann, Mark) (Entered: 04/14/2021)
04/20/2021 21 Notice of Appearance of Carol Federighi appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Federighi, Carol) (Entered: 04/20/2021)
04/21/2021 22 Unopposed Motion for Extension of Time to File a Response/Reply (Joint) to Motion to Intervene and Memorandum in Support 8 . Filed by All Defendants. (Federighi, Carol) (Entered: 04/21/2021)
04/21/2021 23 ORDER: Granting 22 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Intervene 8 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/21/2021)
04/27/2021 24 Return of Service Executed as to U.S. Department of Education served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul) (Entered: 04/27/2021)
04/27/2021 25 Return of Service Executed as to Suzanne Goldberg served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul) (Entered: 04/27/2021)
05/12/2021 26 Motion to Intervene . Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Grey, Herbert) (Entered: 05/12/2021)
05/13/2021 27 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) (Entered: 05/13/2021)
05/13/2021 28 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108. Filed by Council for Christian Colleges & Universities. (Prince, Joshua) (Entered: 05/13/2021)
05/13/2021 29 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109. Filed by Council for Christian Colleges & Universities. (Miller, Nicholas) (Entered: 05/13/2021)
05/13/2021 30 Corporate Disclosure Statement . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 05/13/2021)
05/13/2021 Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108 28 ; Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109 29 ; Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107 27 :Reviewed and Ready for Ruling. (ck) (Entered: 05/13/2021)
05/13/2021 31 ORDER: Granting Motion for Leave to Appear Pro Hac Vice 27 ; Granting Motion for Leave to Appear Pro Hac Vice 28 ; Granting Motion for Leave to Appear Pro Hac Vice 29 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/13/2021)
05/13/2021 32 Proposed Motion to Dismiss . Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: # 1 Exhibit A) (Lippelmann, Mark) (Entered: 05/13/2021)
05/21/2021 33 Joint Motion for Extension of Time to File a Response/Reply to Motion to Intervene 26 . Filed by All Defendants. (Federighi, Carol) (Entered: 05/21/2021)
05/21/2021 34 ORDER: Granting 33 Joint Motion for Extension of Time to File Response/Reply to Motion to Intervene 26 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/21/2021)
06/07/2021 35 ***SEALED*** First Amended Complaint . Filed by Audrey Wojnarowisch, Lucas Wilson, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Veronica Bonifacio Penales, Louis James, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J. Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton, Daniel Tidwell-Davis, Devin Bryant, Saren Criag, Jamie Lord, Consolata Bryant, Justin Tidwell-Davis, Mortimer Halligan against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 06/07/2021)
06/08/2021 36 Response in Opposition to Motion to Intervene 26 , Motion to Intervene and Memorandum in Support 8 . Filed by All Defendants. (Federighi, Carol) (Entered: 06/08/2021)
06/09/2021 37 Amended Response in Opposition to Motion to Intervene 26 , Motion to Intervene and Memorandum in Support 8 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 06/09/2021)
06/15/2021 38 Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, 35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 06/15/2021)
06/15/2021 39 ORDER: Granting Unopposed Motion for Extension of Time to Answer 38 . Answer is due by 7/9/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/15/2021)
06/22/2021 40 Reply to Motion to Intervene and Memorandum in Support 8 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lippelmann, Mark) (Entered: 06/22/2021)
06/23/2021 41 Reply to Motion to Intervene 26 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 06/23/2021)
07/01/2021 42 Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, 35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) (Entered: 07/01/2021)
07/02/2021 43 ORDER: Granting Unopposed Motion for Extension of Time to Answer 42 . Answer is due by 8/9/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/02/2021)
08/05/2021 44 Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter; Memorandum of Law in Support Thereof. Oral Argument requested. Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/6/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/05/2021)
08/06/2021 45 Declaration of Andrew Hartzler. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 46 Declaration of Joni McLeod. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 47 Declaration of Rosalyn Simon. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 48 Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 49 Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (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, # 9 Exhibit I, # 10 Exhibit J, # 11Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 50 Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit K, # 11Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X) (Southwick, Paul) (Entered: 08/06/2021)
08/06/2021 51 Notice of Appearance of Timothy R. Volpert appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Volpert, Timothy) (Entered: 08/06/2021)
08/06/2021 52 Notice of Correction by Clerk regarding Motion for Temporary Restraining Order 44 . A Clerical error has been discovered in the case record: Docket text is missing the descriptive text. The following corrections were made to the record: The clerk has corrected the docket text. The Notice of Electronic Filing will be regenerated to all parties. (bd) (Entered: 08/06/2021)
08/09/2021 53 Response to Motion for Temporary Restraining Order 44 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert) (Entered: 08/09/2021)
08/09/2021 54 Proposed Motion to Dismiss First Amended Complaint. Oral Argument requested. Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: # 1 Exhibit A) (Lippelmann, Mark) Modified on 8/11/2021 to correct event selection. NEF not regenerated. (bd) (Entered: 08/09/2021)
08/09/2021 55 Proposed Response in Opposition to Motion for Temporary Restraining Order 44 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) (Entered: 08/09/2021)
08/09/2021 56 Motion to Dismiss . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) Modified on 8/11/2021 to correct event type. NEF not regenerated. (bd) (Entered: 08/09/2021)
08/09/2021 57 Notice of Appearance of Elliott M. Davis appearing on behalf of All Defendants . Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) (Entered: 08/09/2021)
08/10/2021 58 Scheduling Order by Judge Ann L. Aiken regarding Motion for Temporary Restraining Order 44 . Defendants’ Response is due by 8/13/2021. Plaintiffs’ Reply is due by 8/17/2021. Oral Argument is set for 8/31/2021 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/10/2021)
08/11/2021 59 Amended Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T) (Southwick, Paul) (Entered: 08/11/2021)
08/11/2021 60 Amended Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X) (Southwick, Paul) (Entered: 08/11/2021)
08/13/2021 61 Corrected Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) (Entered: 08/13/2021)
08/13/2021 62 Memorandum in Opposition to Motion for Temporary Restraining Order 44 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/13/2021)
08/13/2021 63 Declaration of Elliott M. Davis . Filed by All Defendants. (Related document(s): Memorandum in Opposition 62 .) (Attachments: # 1 Exhibit A – Email Correspondence) (Davis, Elliott) (Entered: 08/13/2021)
08/17/2021 64 Reply to Motion for Temporary Restraining Order 44 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/17/2021)
08/17/2021 65 Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Southwick, Paul) (Entered: 08/17/2021)
08/17/2021 66 ***SEALED*** Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd) (Entered: 08/17/2021)
08/17/2021 67 Declaration of Paul Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, 44 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Southwick, Paul) (Entered: 08/18/2021)
08/18/2021 68 Motion for Leave to File Motion to Dismiss. Oral Argument requested. Expedited Hearing requested. Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit CCCU’s Proposed Motion to Dismiss) (Schaerr, Gene) (Entered: 08/18/2021)
08/19/2021 69 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/19/2021)
08/19/2021 70 Response to Motion for Leave to File Motion to Dismiss 68 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/19/2021)
08/20/2021 71 ORDER: Granting 69 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Response is due by 8/27/2021. Motion is taken under advisement as of 9/13/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/20/2021)
08/20/2021 72 Unopposed Motion to Strike Proposed Intervenors’ Oppositions to TRO/PI (Dkt. 53 , 55 ) and Proposed Intervenors’ Proposed Motions to Dismiss (Dkt 54 , 68 )Response to Motion 53 , Response in Opposition to Motion 55 . Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/23/2021 to add document links. Notice of Electronic Filing regenerated to parties. (jw) (Entered: 08/20/2021)
08/24/2021 73 Motion for Leave to File Opposition to Motion for TRO. Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) (Entered: 08/24/2021)
08/24/2021 74 Response to Motion for Leave to File Opposition to Motion for TRO 73 . Filed by All Defendants. (Davis, Elliott) (Entered: 08/24/2021)
08/25/2021 75 Motion to Amend/Correct Motion for Temporary Restraining Order, 44 . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/25/2021)
08/25/2021 76 Declaration of Taran Trinnaman. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Attachments: # 1 Exhibit A) (Southwick, Paul) (Entered: 08/25/2021)
08/25/2021 77 Declaration of Jamie Lord. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)
08/25/2021 78 Declaration of Hayden Brown . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)
08/25/2021 79 Declaration of Cameron Martinez . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)
08/25/2021 80 Declaration of Audrey Wojnarowisch . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct 75 .) (Southwick, Paul) (Entered: 08/25/2021)
08/26/2021 81 Response in Opposition to Motion 53 54 55 68 72 (Titled “The Religious Schools’ Response to Plaintiffs’ Motion to Strike Proposed Intervenors’ Proposed Motions to Dismiss and Oppositions to Plaintiffs’ Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter”.) Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 8/27/2021 to update docket text to reflect title of document. Notice of Electronic Filing regenerated to parties. (jw) (Entered: 08/26/2021)
08/26/2021 82 Motion for Leave to File Motion to Dismiss the First Amended Class Complaint and Opposition to Plaintiffs’ Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) (Entered: 08/26/2021)
08/27/2021 83 Declaration of Camille D. Lee. Filed by All Defendants. (Related document(s): Memorandum in Opposition 62 .) (Davis, Elliott) (Entered: 08/27/2021)
08/27/2021 84 Notice of Appearance of Misha Isaak appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Isaak, Misha) (Entered: 08/27/2021)
08/27/2021 85 Notice of Appearance of Alletta S. Brenner appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Brenner, Alletta) (Entered: 08/27/2021)
08/27/2021 86 Response in Opposition to Motion to Dismiss for Lack of Jurisdiction 56 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/27/2021)
08/30/2021 87 Proposed Response in Opposition to Unopposed Motion to Strike Proposed Intervenors’ Oppositions to TRO/PI (Dkt. 53, 55 ) and Proposed Intervenors’ Proposed Motions to Dismiss (Dkt 54 , 68 ) Response to Motion 53 , Response in Opposition to Motion 55 72 Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) Modified on 9/1/2021 to add document links. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/30/2021)
08/30/2021 88 OPINION AND ORDER: Plaintiffs’ Motion to Amend their TRO 75 is GRANTED but plaintiffs’ initial and amended request for a TRO (docs. 44 , 75 ) are DENIED. As the Court mentioned to the parties, the August 31, 2021 hearing, which had been scheduled as oral argument on plaintiff’s TRO Motion, will instead be treated as a status conference to discuss whether and how plaintiffs wish to proceed on their request for a preliminary injunction and other matters pending in this action. Signed on 8/30/2021 by Judge Ann L. Aiken. (ck) (Entered: 08/30/2021)
08/31/2021 89 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court sets a Status Conference for 10/20/2021 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. An estimated 2-day Preliminary Injunction Hearing is set to begin 11/4/2021 at 09:00AM in Eugene by videoconference before Judge Ann L. Aiken. Timothy Volpert, Paul Southwick, Alletta Brenner present as counsel for plaintiffs. Elliott Davis, Marci Berman, Carol Federighi present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Court Reporter: Jacqueline Butler. (ck) (Entered: 08/31/2021)
09/02/2021 90 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Filed by All Defendants. (Davis, Elliott) (Entered: 09/02/2021)
09/02/2021 91 ORDER: Granting 90 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Reply is due by 9/17/2021. Motion is taken under advisement as of 9/20/2021. Ordered by Judge Ann L. Aiken. (ck) (Entered: 09/02/2021)
09/17/2021 92 Reply to Motion to Dismiss for Lack of Jurisdiction 56 . Filed by All Defendants. (Davis, Elliott) (Entered: 09/17/2021)
09/21/2021 93 Notice of Appearance of Hilarie Snyder appearing on behalf of All Defendants . Filed by Suzanne Goldberg, U.S. Department of Education. (Snyder, Hilarie) (Entered: 09/21/2021)
09/21/2021 94 Motion to Appear as Amicus Curiae in Support of Defendants and Proposed Defendant-Intervenors. Filed by State of Montana, State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Attachments: # 1 Proposed Document) (Lindsay, Shawn) (PDF attachments replaced on 9/22/2021) (eo). (Entered: 09/21/2021)
09/22/2021 95 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shawn M. Lindsay. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8241121. Oral Argument requested. Filed by State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Corrigan, Christian) (Entered: 09/22/2021)
09/22/2021 96 Notice of Correction by Clerk regarding # 94 Motion to appear as amicus curiae and proposed brief. A Clerical error has been discovered in the case record: The incorrect year was listed on the PDF. The following corrections were made to the record: Corrected PDFs have been uploaded and have replaced the incorrect attachments.The Notice of Electronic Filing will be regenerated to all parties. (eo) (Entered: 09/22/2021)
09/22/2021 Clerk’s Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christian B. Corrigan. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8241121 95: Reviewed and Ready for Ruling. (ck) (Entered: 09/22/2021)
09/22/2021 97 ORDER: Granting Motion for Leave to Appear Pro Hac Vice 95 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 09/22/2021)
09/27/2021 98 Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 9/29/2021 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 09/27/2021)
09/28/2021 99 Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 9/29/2021 to 10/4/2021 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 09/28/2021)
10/04/2021 100 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court authorizes plaintiffs to conduct limited discovery before the preliminary injunction hearing as stated on the record. Alletta Brenner, Paul Southwick present as counsel for plaintiffs. Carol Federighi, Elliott Davis, Hilarie Snyder present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Shawn Lindsay, Christian Corrigan present as counsel for amicus. Court Reporter: Kendra Steppler. (ck) (Entered: 10/04/2021)
10/04/2021 101 Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 10/04/2021)
10/05/2021 102 ORDER: Denying Motion to Appear as Amicus Curiae 94 without prejudice for failure to comply with the certification requirements in this District’s Local Rule 7-1(a). Ordered by Judge Ann L. Aiken. (plb) (Entered: 10/05/2021)
10/07/2021 103 Unopposed Motion to Appear as Amicus Curiae . Filed by State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Attachments: # 1 Attachment Proposed Amicus Curiae Brief) (Lindsay, Shawn) (Entered: 10/07/2021)
10/07/2021 104 ORDER: Granting Unopposed Motion to Appear as Amicus Curiae 103 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/07/2021)
10/08/2021 105 Amicus Curiae Appearance entered by Shawn M. Lindsay on behalf of State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah Amici Curiae Brief of Fourteen States Supporting Defendants. Filed by on behalf of State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Lindsay, Shawn) (Entered: 10/08/2021)
10/08/2021 106 OPINION AND ORDER: The Religious Schools’ and CCCU’s Motions to Intervene (docs. 8 , 26 ) are GRANTED. Further, to litigate this matter in the most efficient and economic manner, intervenor-defendants are ORDERED to consolidate their response to plaintiffs’ Motion for Preliminary Injunction, in accordance with the limitations outlined. Intervenor-defendants’ joint response is due 10/15/2021, and plaintiffs’ reply is due on 10/22/2021. At the 10/20/2021 telephonic status conference, the Court will discuss a schedule for intervenor-defendants’ joint Motion to Dismiss and the scope of their intervention going forward. Signed on 10/8/2021 by Judge Ann L. Aiken. (ck) (Entered: 10/08/2021)
10/08/2021 107 ORDER: William Jessup University, Phoenix Seminary, and Western Baptist College’s (the “Religious Schools”) Proposed Motions to Dismiss 32 , 54 are DENIED with leave to renew and the Religious Schools’ and Council for Christian Colleges & Universities’ motions for leave to file motions and briefing 68 , 73 , 82 are GRANTED, consistent with the restrictions set forth in this Court’s 10/8/21 Opinion and Order 106 . Plaintiffs’ Motion to Strike Proposed Intervenors’ Oppositions to TRO/PI 72 is DENIED as MOOT. Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/08/2021)
10/12/2021 108 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on 10/4/2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court’s public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/19/2021. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/10/2022. (Steppler, Kendra) (Entered: 10/12/2021)
10/15/2021 109 Joint Response in Opposition to Motion for Temporary Restraining Order 44 , Motion to Amend/Correct Motion for Temporary Restraining Order, 44 75 . Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: # 1 Exhibit Declaration of Shirley Hoogstra) (Schaerr, Gene) (Entered: 10/15/2021)
10/20/2021 110 Stipulated Motion for Protective Order Stipulated Protective Order. Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) (Entered: 10/20/2021)
10/20/2021 111 Stipulation for Remote Depositions by Suzanne Goldberg, U.S. Department of Education. Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) (Entered: 10/20/2021)
10/20/2021 112 ORDER: Granting Stipulated Motion for a Protective Order 110 . Signed on 10/20/2021 by Judge Ann L. Aiken. (ck) (Entered: 10/20/2021)
10/20/2021 113 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court approves the parties’ proposed pre-hearing schedule and schedule for the 11/4-11/5/2021 hearing on plaintiffs’ motion for a preliminary injunction 44 and sets a deadline for intervenors’ joint motion to dismiss. Plaintiffs shall disclose witnesses and exhibit lists and produce exhibits by 12:00 PDT on 10/25/2021. Federal defendants and intervenors shall disclose witnesses and exhibit lists and produce exhibits by 12:00 PDT on 10/29/2021. The parties shall provide the Court with two hard copies and one thumb drive electronic copy of exhibits as soon as possible after their respective production deadlines. Plaintiffs’ expert reports are due by 10/29/2021 and federal defendants’ and intervenors’ are due by 11/2/2021. Plaintiffs shall provide deposition designations on 10/29/2021 and federal defendants and intervenors shall do so by 11/2/2021. The parties shall exchange any demonstratives by 11/2/2021. At the preliminary injunction hearing on 11/4/2021, plaintiffs and federal defendants shall have 15 minutes each for opening statements, intervenors shall have 15 minutes for a joint opening statement, and plaintiffs shall present evidence. On 11/5/2021, federal defendants and intervenors shall present evidence and the parties’ shall have 15 minutes each for closing statements. Intervenors’ joint motion to dismiss is due by 11/2/2021. Paul Southwick present as counsel for plaintiffs. Carol Federighi, Elliott Davis, Hilarie Snyder present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck) (Entered: 10/21/2021)
10/22/2021 114 Reply to Defendants-Intervenors’ Joint Response to Plaintiffs’ Motion for Preliminary Injunction and Memorandum in Support (Related documents: Motion for Temporary Restraining Order 44 , Motion to Amend/Correct 75 , Joint Response in Opposition to Motion for Temporary Restraining Order 109 .) Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) Modified on 10/25/2021 to update docket text and add document link. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 10/22/2021)
10/22/2021 115 Declaration of Jane Doe. Filed by All Plaintiffs. (Related document(s): Reply to Motion 114 .) (Southwick, Paul) (Entered: 10/22/2021)
10/22/2021 116 Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Reply to Motion 114 .) (Attachments: # 1 Exhibit B) (Southwick, Paul) (Entered: 10/22/2021)
10/25/2021 117 Witness List for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul) (Main Document 117 replaced on 10/27/2021) (cw). (Entered: 10/25/2021)
10/25/2021 118 Exhibit List for PI Hearing. Filed by All laintiffs. (Attachments: # 1 Exhibit Alex Duron Expulsion Letter, # 2 Exhibit Alex Duron Title IX Complaint, # 3 Exhibit Union University Exemption Assurance from OCR, # 4 Exhibit Union University Policy Language, # 5 Exhibit Jamie Lord Title IX Complaint, # 6 Exhibit Regent University School of Law Policy Language, # 7 Exhibit Audrey Wojnarowisch Title IX Complaint, # 8 Exhibit George Fox University Policy Language, # 9 Exhibit George Fox University Exemption Assurance, # 10 Exhibit Correspondence between OCR and NWYMF and GFU, # 11 Exhibit Veronica Penales Title IX Complaint, # 12 Exhibit Baylor University Policy Language, # 13 Exhibit Baylor University Exemption Assurance, # 14 Exhibit Elizabeth Hunter Title IX Complaint, # 15 Exhibit Bob Jones University Policy Language, # 16 Exhibit Bob Jones University Exemption Assurance, # 17 Exhibit Kalie Hargrove Expulsion Letter, # 18 Exhibit Joshua Wolff September 29, 2016 email, # 19 Exhibit Joshua Wolff June 30, 2021 email, # 20 Exhibit OCR Processing Manual, # 21 Exhibit Chart of Title IX Complaint status from Deposition) (Southwick, Paul) (Main Document 118 replaced on 10/27/2021) (cw). (Entered: 10/25/2021)
10/27/2021 119 Notice of Correction by Clerk regarding 118 Exhibit List and 117 Witness List. A Clerical error has been discovered in the case record: The documents were missing case caption cover pages. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachments.The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 10/27/2021)
10/28/2021 120 Amended Plaintiffs’ Witness List for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul) Modified on 10/29/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/28/2021)
10/29/2021 121 Exhibit List (titled “Defendants-Intervenor CCCU’s Exhibit List”). Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25Exhibit) (Schaerr, Gene) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
10/29/2021 122 Witness List (titled “Defendants-Intervenor CCCU’s Witness List”). Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
10/29/2021 123 Witness List (titled “Government Defendants’ Witness List”). Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) Modified on 11/1/2021 to add docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
10/29/2021 124 Exhibit List (titled “Government Defendants’ Exhibit List”). Filed by Suzanne Goldberg, U.S. Department of Education. (Attachments: # 1 Exhibit 1 – OCR Case Processing Manual, # 2 Exhibit 2 – Sample letter, # 3 Exhibit 3 – Case Status Chart (rev. 10/27/21), # 4 Exhibit 4 – 20 U.S.C. § 1681, # 5 Exhibit 5 – 34 C.F.R. § 106.12, # 6 Exhibit 6 – 2016 Bob Jones Assurance Request and Letter, # 7 Exhibit 7 – 7 85 Fed. Reg. 59,916 (Sept. 23, 2020, Final Rule), # 8 Exhibit 8 – 85 Fed. Reg. 3,190 (Jan 17, 2020, Proposed Rule), # 9 Exhibit 9 – 42 Fed. Reg. 15,141 (Mar. 18, 1977, HEW Form 639-A), # 10 Exhibit 10 – Singleton Memo (Feb. 19, 1985), # 11 Exhibit 11 – Smith Memo (Oct. 11, 1989), # 12 Exhibit 12 – 1985, 2015 Union University Exemption Letters, # 13 Exhibit 13 – Correspondence Between OCR and NWYMF, # 14 Exhibit 14 – 85 Fed. Reg. 30,026 (May 19, 2020, Final Rule) (excerpts), # 15 Exhibit 15 – A. Duron Title IX Complaint and Declaration, # 16 Exhibit 16 – A. Wojnarowisch Title IX Complaint and Declaration, # 17 Exhibit 17 – George Fox Correspondence, # 18 Exhibit 18 – V. Penales Title IX Complaint and Declaration, # 19 Exhibit 19 – Baylor Correspondence, # 20 Exhibit 20 – E. Hunter Title IX Complaint and Declaration, # 21 Exhibit 21 – School List) (Davis, Elliott) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
10/29/2021 125 Expert Statement of Dr. Joshua Wolff. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 10/29/2021)
10/29/2021 126 Expert Statement of Dr. Ilan Meyer. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 10/29/2021)
10/29/2021 127 Expert Statement of Dr. Jonathan Coley. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 10/29/2021)
10/29/2021 128 Witness List (titled “Defendant-Intervenors Western Baptist College d/b/a Corban University, William Jessup University, and Phoenix Seminary’s Witness List”). Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
10/29/2021 129 Exhibit List (titled “Defendant-Intervenors Western Baptist College d/b/a Corban University, William Jessup University, and Phoenix Seminary’s Exhibit List”). Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd) (Entered: 10/29/2021)
11/01/2021 130 Joint Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher) (Entered: 11/01/2021)
11/01/2021 131 Joint Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher) (Entered: 11/01/2021)
11/01/2021 132 Amicus Brief of Oregon and 18 Other States in Support of Plaintiffs. Filed by State of Oregon. (Related document(s): Motion to appear as amicus curiae 131 .) (Perdue, Christopher) (Entered: 11/01/2021)
11/01/2021 133 Redacted Designation of Deposition Testimony of Department of Education 30(b)(6) Witness Randolph Wills. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 11/01/2021)
11/02/2021 134 ORDER: Denying Motion to Appear as Amicus Curiae 130 and Motion to Appear as Amicus Curiae 131 without prejudice for failure to comply with the certification requirements in this District’s Local Rule 7-1(a). Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/02/2021)
11/02/2021 135 Unopposed Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher) (Entered: 11/02/2021)
11/02/2021 136 ORDER: Granting Unopposed Motion to Appear as Amicus Curiae 135 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 11/02/2021)
11/02/2021 137 Joint Motion to Dismiss and Memorandum in Support. Filed by Council for Christian Colleges & Universities, William Jessup University, Phoenix Seminary, Western Baptist College. (Lippelmann, Mark) (Entered: 11/02/2021)
11/02/2021 138 Designation of Deposition Testimony And Objections to Plaintiffs’ Deposition Designations. Filed by All Defendants. (Snyder, Hilarie) (Entered: 11/02/2021)
11/02/2021 139 Expert Statement of Dr. Mark Regnerus. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) (Entered: 11/02/2021)
11/04/2021 140 MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. The parties stipulate to the authenticity of all exhibits. Opening Statements given by plaintiffs, defendants, and intervenor defendants. Evidence adduced and witnesses sworn. Plaintiffs’ Witnesses: Alex Duron, Veronica Bonifacio Penales, Dr. Ilan Meyer, Audrey Wojnarowisch, Faith Elizabeth Hunter, and Kalie Hargrove. The Court finds Dr. Ilan Meyer qualified as an expert witness. Plaintiffs’ exhibits offered and received: 1-16. CCCU’s exhibits offered and received: 10, 11, 13, 14 & 20. Preliminary Injunction Hearing continued to 11/5/2021. Paul Southwick – by video, Misha Isaak – by video, Joseph Baxter – by phone present as counsel for plaintiffs. Carol Federighi – by video, Elliott Davis – by video, Hilarie Snyder – by video present as counsel for defendants. Mark Lippelmann – by video, Ryan Tucker – by phone, Herbert Grey – video, Gene Schaerr – by video, Joshua Prince – by video, Nicholas Miller – by video present as counsel for intervenor defendants. Court Reporter: Jill Jessup. (ck) (Entered: 11/05/2021)
11/05/2021 141 MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. Evidence adduced and witnesses sworn. Plaintiffs’ Witness: Dr. Joshua Wolff. The Court finds Dr. Joshua Wolff qualified as an expert witness. Plaintiffs’ exhibits offered and received: 17-20. Federal Defendants’ Witnesses: Alice Yao, Randolph Wills. The Court receives all federal defendants’ exhibits. Preliminary Injunction Hearing continued to 11/8/2021 at 0800AM in Eugene by videoconference before Judge Ann L. Aiken. Paul Southwick – by video, Alletta Brenner – by phone, Joseph Baxter – by video present as counsel for plaintiffs. Carol Federighi – by video, Elliott Davis – by phone, Hilarie Snyder – by video present as counsel for defendants. Mark Lippelmann – by video, Ryan Tucker – by phone, Herbert Grey – video, Gene Schaerr – by video, Joshua Prince – by phone, Nicholas Miller – by video present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck) (Entered: 11/05/2021)
11/08/2021 142 MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. Evidence adduced and witnesses sworn. Federal Defendants’ Witness: Randolph Wills. Plaintiffs’ exhibits offered and received: 21-23. Intervenor Defendant CCCU’s Witness: Dr. Mark Regnerus. The Court finds Dr. Mark Regnerus qualified as an expert witness. CCCU’s exhibits offered and received: 26, 1, 2, and 6. The Court orders a closing argument schedule as follows: Simultaneous briefs are due by 12/6/2021. Simultaneous response briefs are due by 1/10/2022. All briefs are limited to 35 pages each. The matter will be taken under advisement on 1/10/2022. Paul Southwick – by video, Joseph Baxter – by video present as counsel for plaintiffs. Hilarie Snyder – by video, Elliott Davis – by video present as counsel for defendants. Ryan Tucker – by video, Herbert Grey – by phone, Gene Schaerr – by video, Joshua Prince – by video, Nicholas Miller – by video present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck) (Entered: 11/08/2021)
11/16/2021 143 Response in Opposition to Joint Motion to Dismiss and Memorandum in Support 137 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 11/16/2021)
11/19/2021 144 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 1 held on November 4, 2021, before Judge Ann L. Aiken, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court’s public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/29/2021. Redaction Request due 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (jjcr) (Entered: 11/19/2021)
11/19/2021 145 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 2 held on November 5, 2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court’s public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/29/2021. Redaction Request due 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Steppler, Kendra) (Entered: 11/19/2021)
11/24/2021 146 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 3 held on 11/8/2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court’s public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/1/2021. Redaction Request due 12/15/2021. Redacted Transcript Deadline set for 12/27/2021. Release of Transcript Restriction set for 2/22/2022. (Steppler, Kendra) (Entered: 11/24/2021)
11/30/2021 147 Joint Reply to Joint Motion to Dismiss and Memorandum in Support 137 Oral Argument requested. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Prince, Joshua) (Entered: 11/30/2021)
12/02/2021 148 ***SEALED*** Motion for Leave to File Amended Complaint/Petition . Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, # 40 Exhibit LL) (Southwick, Paul) Modified on 3/3/2022 to seal per Court Order. (bd) (Entered: 12/02/2021)
12/03/2021 149 Notice of Attorney Withdrawal: Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) (Entered: 12/03/2021)
12/06/2021 150 Brief , Post-Hearing Opening. Filed by All Defendants. (Federighi, Carol) (Entered: 12/06/2021)
12/06/2021 151 Brief Closing Memorandum for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 12/06/2021)
12/06/2021 152 Joint Brief Post-Hearing Brief. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Schaerr, Gene) (Entered: 12/06/2021)
12/09/2021 153 Unopposed Motion for Extension of Time to File a Response/Reply Joint and Unopposed MOET to Motion for Leave to File Amended Complaint/Petition 148 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 12/09/2021)
12/09/2021 154 ORDER: Granting 153 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Leave to File Amended Complaint/Petition 148 . Response is due by 1/7/2022. Reply is due by 1/21/2022. Motion is taken under advisement as of 1/24/2022. Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/09/2021)
12/14/2021 155 Joint Notice of Supplemental Authority Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: # 1 Exhibit A) (Lippelmann, Mark) (Entered: 12/14/2021)
12/15/2021 156 Objection(s) to 138 Deposition Testimony Designation Response to Government Defendants’ Objections to Plaintiffs’ Deposition Designations. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 12/15/2021)
01/07/2022 157 Response in Opposition to Motion for Leave to File Amended Complaint/Petition 148 . Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Schaerr, Gene) (Entered: 01/07/2022)
01/07/2022 158 Response in Opposition to Motion for Leave to File Amended Complaint/Petition 148 . Filed by Suzanne Goldberg, U.S. Department of Education. (Snyder, Hilarie) (Entered: 01/07/2022)
01/10/2022 159 Brief , Post-Hearing Response. Filed by All Defendants. (Related document(s): Brief 151 .) (Federighi, Carol) (Entered: 01/10/2022)
01/10/2022 160 Brief Post-PI Hearing Reply Brief. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 01/10/2022)
01/10/2022 161 Brief Joint Post-Hearing Response Brief. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Related document(s): Brief 152 , Brief 150 , Brief 151 .) (Schaerr, Gene) (Entered: 01/10/2022)
01/10/2022 162 Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Brief 160 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Southwick, Paul) (Entered: 01/10/2022)
01/21/2022 163 Reply to Motion for Leave to File Amended Complaint/Petition 148 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 01/21/2022)
02/18/2022 164 Notice of Voluntary Dismissal with Prejudice. Filed by Nathan Brittsan, Joanna Maxon. (Southwick, Paul) (Entered: 02/18/2022)
03/04/2022 168 Redaction to Complaint,,,,,, 1 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Civil Cover Sheet) (Southwick, Paul) (Entered: 03/04/2022)
03/04/2022 169 Redaction to Amended Complaint,,,,,, 35 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL) (Southwick, Paul) (Entered: 03/04/2022)
03/04/2022 170 Redaction to Declaration, 66 of Lauren Swain by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Southwick, Paul) (Entered: 03/04/2022)
03/04/2022 171 Redaction to Motion for Leave to File Amended Complaint/Petition 148 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, # 40 Exhibit LL) (Southwick, Paul) (Entered: 03/04/2022)
06/30/2022 172 Joint Notice re Motion to Dismiss 137 , Response in Opposition to Motion, 109 of Supplemental Authority Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Related document(s): Motion to Dismiss 137 , Response in Opposition to Motion, 109 .) (Attachments: # 1 Exhibit Carson v. Makin Opinion, # 2 Exhibit Kennedy v. Bremerton School District Opinion) (Schaerr, Gene) (Entered: 06/30/2022)
07/20/2022 173 Supplement Brief of Newly Discovered Facts. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Motion to Dismiss/Lack of Jurisdiction 56 , Motion for Leave to File Amended Complaint/Petition,,, 148 , Motion to Dismiss 137 , Motion to Amend/Correct 75 , Motion for Temporary Restraining Order, 44 .) (Southwick, Paul) (Entered: 07/20/2022)
07/20/2022 174 Declaration of Paul Carlos Southwick. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Supplement,,, 173 .) (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Southwick, Paul) (Entered: 07/20/2022)
08/12/2022 175 Brief in Response to Plaintiffs’ Supplemental Brief. (Related document(s): Supplement Brief of Newly Discovered Facts 173 .) Filed by Suzanne Goldberg, U.S. Department of Education. (Attachments: # 1 Exhibit A, Chart) (Snyder, Hilarie) Modified on 8/16/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/12/2022)
09/20/2022 176 Notice of Change of Address. Filed by State of Montana. (Lindsay, Shawn) (Entered: 09/20/2022)
10/12/2022 177 Scheduling Order: Status Conference is set for 11/30/2022 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/12/2022)
11/15/2022 178 Supplement Brief of New Facts. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Motion to Amend/Correct 75 , Motion for Temporary Restraining Order, 44 .) (Southwick, Paul) (Entered: 11/15/2022)
11/15/2022 179 Declaration of Paul Carlos Southwick. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Supplement,,, 178 .) (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, # 9 Exhibit I, # 10 Exhibit J) (Southwick, Paul) (Entered: 11/15/2022)
11/15/2022 180 Declaration of Cameron Martinez. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Supplement,,, 178 .) (Southwick, Paul) (Entered: 11/15/2022)
11/16/2022 181 Notice of Appearance of Joseph Cline Baxter appearing on behalf of Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by on behalf of Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Baxter, Joseph) (Entered: 11/16/2022)
11/29/2022 182 Joint Supplement of Defendants-Intervenors Objecting to Plaintiffs’ Supplemental Brief of New Facts. Filed by Council for Christian Colleges & Universities. (Related document(s): Declaration,,, 179 , Supplement,,, 178 , Declaration,, 180 .) (Schaerr, Gene) (Entered: 11/29/2022)
11/30/2022 183 MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court updates the parties on the status of the pending motions. The Court lifts the stay in this case and directs the parties to confer regarding a plan moving forward. Paul Southwick, Alletta Brenner, Joseph Baxter, Lauren Swain present as counsel for plaintiffs. Carol Federighi, Hilarie Snyder present as counsel for defendants. Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Court Reporter: Bonita Shumway. (ck) (Entered: 11/30/2022)
12/09/2022 184 Motion for Leave to File Supplemental Brief. Filed by Council for Christian Colleges & Universities. (Attachments: # 1 Exhibit 1: CCCU Response to Plaintiffs’ Suppl. Brief of New Facts, # 2 Exhibit 2: Declaration of Janet B. Dean, # 3 Exhibit A to Dean Decl.: Counseling & Sexuality on Christian Campuses, # 4 Exhibit B to Dean Decl.: A Survey of Sexual Minorities Who Attend Faith-Based Institutions of Higher Ed., # 5 Exhibit C to Dean Decl.: The Mediating Role of Self-Acceptance (Am. Psych. Ass’n article)) (Schaerr, Gene) (Entered: 12/09/2022)
12/12/2022 185 ORDER: Granting Motion for Leave to File Supplemental Brief 184 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/12/2022)
12/23/2022 186 Notice of Supplemental Authority re Motion to Dismiss 137 Filed by Council for Christian Colleges & Universities. (Related document(s): Motion to Dismiss 137 .) (Attachments: # 1 Exhibit Respect for Marriage Act) (Schaerr, Gene) (Entered: 12/23/2022)
12/30/2022 187 Brief in Response to Intervenor-Defendant CCCU’s Notice of Supplemental Authority. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Notice of Supplemental Authority 186 .) (Southwick, Paul) (Entered: 12/30/2022)
12/30/2022 188 Declaration of Paul Carlos Southwick. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Related document(s): Brief,,, 187 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Southwick, Paul) (Entered: 12/30/2022)
01/12/2023 189 OPINION AND ORDER: For the reasons explained, the Court is compelled to DISMISS this case and DENY the motion for preliminary injunction. Defendant’s MTD 56 is GRANTED. Plaintiffs’ Mot. to Amend 148 is DENIED. Plaintiffs’ MPI 44 is DENIED. Defendant-Intervenors’ Joint Motion to Dismiss 137 is GRANTED in part and DENIED in part. Signed on 1/12/2023 by Judge Ann L. Aiken. (ck) (Entered: 01/12/2023)
01/12/2023 190 JUDGMENT: This case is DISMISSED in accordance with the Court’s accompanying Opinion and Order. (ck) (Entered: 01/12/2023

Last updated 01/18/2023
Reconciled with online docket 01/18/2023