E.D. Wis. 2:16-cv-00943 Case History

Whitaker v. Kenosha Unified School District
No. 2:16-cv-00943, Docket 

Court: Eastern District Wisconsin
Assigned to: Judge Pamela Pepper
Previously assigned to Senior Judge Rudolph T. Randa (unavailable), then Magistrate Judge David E. Jones (party declined magistrate) 

Associated Cases:
Kenosha Unified School District No.1 v. Whitaker, No. 16-8019, Docket (7th Cir.); Petition denied 11/14/2016
Whitaker v. Kenosha Unified School District No.1, No. 16-3522, Docket (7th Cir.)




  • Decision and Order (09/22/2016) Granting in part
    • Defendants are Enjoined from
      •  denying Plaintiff access to the boys’ restrooms
      • enforcing any policy, written or unwritten, against the Plaintiff that would prevent him from using the boys’ restroom during any time he is on the school premises or attending school-sponsored events
      • disciplining Plaintiff for using the boys’ restroom during any time that he is on the school premises or attending school-sponsored events
      • monitoring or surveilling in any way Plaintiff’s restroom use.
    •  Denies Defendants’ request for a preliminary injunction bond

Defendants’ Notice of Appeal to 7th Circuit Court of Appeals (09/23/2016)
– Docketed as case number 16-3522
Opinion and Judgment (05/30/2017); Mandate (06/21/2017)



Defendants’ Notice of Appeal to 7th Circuit Court of Appeals (09/23/2016) [but see Amended Order below, vacating certification for interlocutory appeal]
– Docketed as case number 16-8019 (Petition for permission to appeal)
Petition Denied (11/14/2016)

  • AMENDED ORDER denying motion to dismiss (09/25/2016) [Replaces 9/21 order, above]


DISCOVERY (Stayed pending later of 7th Circuit decision or end of 2016-17 school year)
  • Joint Motion to Enter Proposed Protective Order (01/30/2017)
    • Granted: Protective Order as to confidential, sensitive, or personally identifiable information (02/02/2017)
  • Joint Motion to Stay Discovery (05/01/17)
  • ORDER Granting Motion(05/05/2017)
    • Discovery stayed until the Seventh Circuit issues its decision in defendants’ appeal of the preliminary injunction or June 12, 2017, the last day of the school year in the Kenosha Unified School District, whichever is later.
    • See Order for additional details


  • Status Conference held August 19, 2016; Minutes
    • establishes briefing schedule on pending motions
    • sets oral argument for 9/6 at 3:30


Current through Docket #72+1, 08/11/2017