M.D. Ala. 2:22-cv-00184 Docket
Boe v. Marshall
previously Eknes-Tucker v. Ivey
No. 2:22-cv-00184, Case History (under construction)
Court: Middle District of Alabama (Montgomery)
Assigned to: Judge Liles C. Burke (N.D. Ala., sitting by designation)
(previously Judge R. Austin Huffaker, Jr., reassigned 04/20/22)
Referred to: Magistrate Judge Chad W. Bryan
(previously Judge Susan Russ Walker, reassigned 07/15/22)
| Date Filed | # | Docket Text |
| 04/19/2022 | 1 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Filing fee $ 402.00 receipt number 4602066590.), filed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) (wcl, ) (Entered: 04/20/2022) |
| 04/20/2022 | 2 | Summons Issued as to Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere and returned to counsel for personal service by process server. (wcl, ) (Entered: 04/20/2022) |
| 04/20/2022 | 3 | ORDER: The Honorable Liles C. Burke, United States District Judge for the Northern District of Alabama, was previously assigned two cases substantially similar to the above-captioned case, both of which were voluntarily dismissed on April 15, 2022. By order of the Chief Judge of the United States Court of Appeals for the Eleventh Circuit, all United States District Judges in the State of Alabama may preside over cases in any of the State’s three federal judicial districts. In accordance with that order, and by the authority of the Court to manage the district court docket, promote the orderly and expeditious disposition of cases, and reassign a case to a judge who presided over a prior-related case, this case is REASSIGNED to Judge Burke. Judge Burke shall sit by designation and preside over this case in the United States District Court for the Middle District of Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/20/2022. (wcl, ) (Entered: 04/20/2022) |
| 04/20/2022 | 4 | Case Reassigned to Honorable Judge Liles C. Burke as presiding judge; Honorable Judge R. Austin Huffaker, Jr no longer assigned to the case. (wcl, ) (Entered: 04/20/2022) |
| 04/20/2022 | 5 | ORDER setting Status Conference for Friday, 4/22/2022, at 10:00 AM CDT in Courtroom 2F before Honorable Judge Liles C. Burke; Local counsel for Plaintiffs shall electronically serve a copy of this order on all non-local counsel for Plaintiffs and on all counsel for Defendants. Signed by Honorable Judge Liles C. Burke on 4/20/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/20/2022) |
| 04/20/2022 | 6 | MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 04/20/2022) |
| 04/21/2022 | 7 | MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Text of Proposed Order – Temporary Restraining Order, # 2 Text of Proposed Order – Preliminary Injunction)(Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 8 | BRIEF/MEMORANDUM in Support re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Exhibit 1 – Hawkins Declaration, # 2 Exhibit 2 – Ladinsky Declaration, # 3 Exhibit 3 – Rosenthal Declaration, # 4 Exhibit 4 – Eknes-Tucker Declaration, # 5 Exhibit 5 – Boe Declaration, # 6 Exhibit 6 – Zoe Declaration, # 7 Exhibit 7 – Poe Declaration, # 8 Exhibit 8 – Noe Declaration, # 9 Exhibit 9 – Moe Declaration, # 10 Exhibit 10 – Koe Declaration)(Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 9 | Alias Summons issued as to Daryl D. Bailey and returned to Counsel for service via Process Server. (cwl, ) (Entered: 04/21/2022) |
| 04/21/2022 | 10 | NOTICE of Appearance by Edmund Gerard LaCour, Jr on behalf of Kay Ivey, Steve Marshall (LaCour, Edmund) (Entered: 04/21/2022) |
| 04/21/2022 | 11 | NOTICE of Appearance by Thomas Alexander Wilson on behalf of Kay Ivey, Steve Marshall (Wilson, Thomas) (Entered: 04/21/2022) |
| 04/21/2022 | 12 | NOTICE of Appearance by Alexander Barrett Bowdre on behalf of Kay Ivey, Steve Marshall (Bowdre, Alexander) (Entered: 04/21/2022) |
| 04/21/2022 | 13 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Danny Carr served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 14 | NOTICE of Appearance by Benjamin Matthew Seiss on behalf of Kay Ivey, Steve Marshall (Seiss, Benjamin) (Main Document 14 replaced on 4/21/2022 to attach the correct main PDF document to correct the style of the case) (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 15 | NOTICE of Correction re 14 Notice of Appearance, to attach the correct main PDF document to correct the style of the case. (Attachments: # 1 Correct Main doc entry 14 )(cwl, ) (Entered: 04/21/2022) |
| 04/21/2022 | 16 | Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022) |
| 04/21/2022 | 17 | Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steve Marshall & Kay Ivey. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022) |
| 04/21/2022 | 18 | NOTICE of Appearance by James William Davis on behalf of All Defendants (Davis, James) (Entered: 04/21/2022) |
| 04/21/2022 | 19 | Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Danny Carr, Tom Anderson, Jessica Ventiere, C. Wilson Baylock & Daryl D. Bailey. Corporate Disclosures due by 5/2/2022. (Attachments: # 1 Conflict Statement Standing Order & Sample Format)(cwl, ) (Entered: 04/21/2022) |
| 04/21/2022 | 20 | ANSWER to 1 Complaint, by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere.(Davis, James) (Entered: 04/21/2022) |
| 04/21/2022 | 21 | Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Tom Anderson. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 22 | Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Daryl D. Bailey. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 23 | Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by C. Wilson Baylock. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 24 | Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Danny Carr. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 25 | Corporate/Conflict Disclosure Statement re 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Kay Ivey. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 26 | Corporate/Conflict Disclosure Statement re 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Steve Marshall. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 27 | Corporate/Conflict Disclosure Statement re 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Jessica Ventiere. (Davis, James) Modified on 4/22/2022 to add link to def notice (cwl, ). (Entered: 04/21/2022) |
| 04/21/2022 | 28 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Daryl D. Bailey served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 29 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Tom Anderson served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 30 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Jessica Ventiere served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 31 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Steve Marshall served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | 32 | SUMMONS Returned Executed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. Kay Ivey served on 4/21/2022, answer due 5/12/2022. (Eagan, Melody) (Entered: 04/21/2022) |
| 04/21/2022 | ***PURSUANT TO THE 20 ANSWER – Attorney Edmund Gerard LaCour, Jr, Alexander Barrett Bowdre, Benjamin Matthew Seiss for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Jessica Ventiere added. (NO pdf attached to this entry) (cwl, ) (Entered: 04/22/2022) | |
| 04/22/2022 | 33 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held on 4/22/2022 (PDF available for court use only). (Court Reporter Christina Decker w/ND AL.) (dh) (Entered: 04/22/2022) |
| 04/22/2022 | 34 | ORDER Setting Hearing on Motion: Evidentiary Hearing on Plfs’ 7motion for a temporary restraining order and/or a preliminary injunction is set for Thursday, 5/5/2022, at 9:00 a.m. CDT in Courtroom 2F before Honorable Judge Liles C. Burke; The hearing is scheduled to last no longer than two days with the time allotted strictly as represented by the parties during today’s status conference; Forty-eight hours before the hearing begins, the parties shall file their proposed exhibits and a list of expected witnesses; On or before 4/27/2022, Dfts shall file a response to Plfs’ 6 motion to proceed pseudonymously; Plfs’ reply is due thirty-six hours after Dfts file their response; On or before 5/2/2022, Dfts shall file a response to Plfs’ 7 motion for a temporary restraining order and/or a preliminary injunction; Plfs’ reply is due thirty-six hours after Dfts file their response. Signed by Honorable Judge Liles C. Burke on 4/22/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/22/2022) |
| 04/25/2022 | 35 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Paul A. Eknes-Tucker. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 35 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 36 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Rachel Koe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 36 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 37 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Jane Moe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 37 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 38 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Kathy Noe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 38 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 39 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Megan Poe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 39 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 40 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by Brianna Boe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 40 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/25/2022 | 41 | Corporate/Conflict Disclosure Statement re 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement by James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add link (cwl, ). (Main Document 41 replaced on 4/26/2022 to lock down fillable PDF) (cwl, ). (Entered: 04/25/2022) |
| 04/26/2022 | 42 | Motion for Michael B. Shortnacy to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210502.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify that exhibit A is contained within the main PDF document (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 43 | Motion for Brent P. Ray to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210505.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify that exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 44 | Motion for Abigail Hoverman Terry to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210507.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify that exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 45 | Motion for Misty L. Peterson to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210508.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 46 | Motion for Gilbert Olusegun Oladeinbo to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number CALMDC-3210509.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 47 | Motion for Adam Reinke to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210527.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contain within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 48 | Motion for Asaf Orr to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210529.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 49 | Motion for Jessica Lynn Stone to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210531.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 50 | Motion for Jennifer L. Levi to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210536.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 51 | Motion for Cynthia Cheng-Wun Weaver to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210537.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF(cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 52 | Motion for Scott D. McCoy to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210538.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/26/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/26/2022 | 53 | Motion for Sarah Warbelow to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3210892.) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 4/27/2022 to add attorney’s name to text & to clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 04/26/2022) |
| 04/27/2022 | 54 | RESPONSE in Partial Opposition to Motion re 6 MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) filed by Kay Ivey, Steve Marshall, Danny Carr, Tom Anderson, Jessica Ventiere, C. Wilson Baylock, Daryl D. Bailey, . (LaCour, Edmund) Modified on 4/27/2022 to clarify text (cwl, ). Modified on 4/27/2022 to add additional defs as filers (cwl, ). (Entered: 04/27/2022) |
| 04/27/2022 | 55 | NOTICE of Appearance by Thomas Alexander Wilson on behalf of Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Jessica Ventiere (Wilson, Thomas) (Entered: 04/27/2022) |
| 04/28/2022 | 56 | Motion for Christopher E. Mills to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3212297.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(LaCour, Edmund) Modified on 4/28/2022 to add attorney’s name to text (cwl, ). (Entered: 04/28/2022) |
| 04/28/2022 | ***PURSUANT TO THE 56 MOTION – Attorney Christopher Ernest Mills for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere added. (NO pdf attached to this entry) (cwl, ) (Entered: 04/28/2022) | |
| 04/28/2022 | 57 | REPLY to Response to Motion re 6 MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) filed by Brianna Boe, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe, Paul A. Eknes-Tucker. (Attachments: # 1 Exhibit A – Supplemental Declaration of Rachel Koe, MD)(Eagan, Melody) Modified on 4/29/2022 to add additional PLF as filer (cwl, ). (Entered: 04/28/2022) |
| 04/29/2022 | 58 | MOTION to Intervene by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Exhibit Attorney Generals Certification, # 3 Exhibit Complaint in Intervention)(Cheek, Jason) (Entered: 04/29/2022) |
| 04/29/2022 | 59 | Corporate/Conflict Disclosure Statement by United States of America. (Cheek, Jason) (Entered: 04/29/2022) |
| 04/29/2022 | 60 | MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction) by United States of America. (Cheek, Jason) (Entered: 04/29/2022) |
| 04/29/2022 | 61 | TEXT ORDER: If any party has opposition to either the Government’s 58 motion to intervene or 60 motion for leave to file excess pages, they shall file a response no later than 5/2/2022, at 12:00 p.m. CDT. Signed by Honorable Judge Liles C. Burke on 4/29/2022. (No pdf attached to this entry) (wcl, ) (Entered: 04/29/2022) |
| 04/29/2022 | 62 | MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by United States of America. (Attachments: # 1Memorandum of Law, # 2 Antommaria Declaration)(Cheek, Jason) (Entered: 04/29/2022) |
| 04/29/2022 | MEMORANDUM in Support re 62 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by United States of America. (No pdf attached to this entry – see doc 62 for pdf) (cwl, ) (Entered: 05/02/2022) | |
| 04/29/2022 | ***PURSUANT TO THE 58 MOTION – Attorney Sandra Jean Stewart, Lane H. Woodke, Stephen D Wadsworth, Alyssa C. Lareau, Renee Williams, Kaitlin Toyama for United States of America added. (No pdf attached to this entry) (cwl, ) (Entered: 05/02/2022) | |
| 04/29/2022 | ***PURSUANT TO THE 58 MOTION – Attorney Elizabeth Prim Formby Escalona, John Michael Powers, Coty Rae Montag for United States of America added. (No pdf attached to this entry) (cwl, ) (Entered: 05/02/2022) | |
| 05/02/2022 | 63 | RESPONSE in Partial Opposition to Motion re 60 MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction), 58 MOTION to Intervene filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Harris Declaration)(LaCour, Edmund) Modified on 5/2/2022 to clarify text (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 64 | RESPONSE to Motion re 58 MOTION to Intervene (PLAINTIFFS’ RESPONSE TO THE UNITED STATES MOTION TO INTERVENE AND DEFENDANTS’ RESPONSE filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 05/02/2022) |
| 05/02/2022 | 65 | REPLY to Response to Motion re 60 MOTION for Leave to File Excess Pages (for Forthcoming Motion for a Temporary Restraining Order and a Preliminary Injunction), 58 MOTION to Intervene filed by United States of America. (Cheek, Jason) (Entered: 05/02/2022) |
| 05/02/2022 | 66 | NOTICE of Appearance by Lane Hines Woodke on behalf of United States of America (Woodke, Lane) (Entered: 05/02/2022) |
| 05/02/2022 | 67 | NOTICE of Appearance by Coty Rae Montag on behalf of United States of America (Montag, Coty) (Entered: 05/02/2022) |
| 05/02/2022 | 68 | NOTICE of Appearance by John Michael Powers on behalf of United States of America (Powers, John) (Entered: 05/02/2022) |
| 05/02/2022 | 69 | NOTICE of Filing of Evidence in Opposition to Plaintiffs’ Motion for Preliminary Injunction by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40)(Davis, James) Modified on 5/3/2022 to clarify text (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 70 | Motion for Michael A. Cantrell to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3214501.) by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 71 | First MOTION for Leave to File Amici Brief by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 72 | BRIEF/MEMORANDUM in Support re 71 First MOTION for Leave to File Amici Brief filed by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 73 | Corporate/Conflict Disclosure Statement by State of Arkansas, State of Alaska, State of Arizona, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah and State of West Virginia . (Wilkerson, Mark) Modified on 5/3/2022 to remove erroneous link (cwl, ). Modified on 5/3/2022 to add additional filers (cwl, ). (Entered: 05/02/2022) |
| 05/02/2022 | 74 | RESPONSE in Opposition re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 05/02/2022) |
| 05/02/2022 | 75 | ORDER: A hearing on the United States’s 58 motion to intervene is set for Wednesday, 5/4/2022, at 1:15 p.m. CDT; The hearing will occur in Courtroom 2F of the Frank M. Johnson, Jr., United States Courthouse Complex; Since the State of Alabama has no opposition to the United States’s 60 motion to file excess pages, the Court will grant that motion should the Court grant the United States’s motion to intervene. Signed by Honorable Judge Liles C. Burke on 5/2/2022. (Furnished: Calendar & All CRDs)(amf, ) (Entered: 05/02/2022) |
| 05/02/2022 | 76 | ORDER: the Court ORDERS as follows: 1. Court guests, including the press and non-participants, are prohibited from possessing and using any electronic devices in Courtroom 2F during the upcoming hearings in this case; The attorneys and members of their respective staffs may possess and use electronic or photographic technology in Courtroom 2F for the sole purpose of presenting evidence; 2. Members of the press and media shall be allowed to possess cellular phones, laptop computers, and/or tablets in Courtroom 2E and the media lounge provided that these electronic devices shall be allowed: (1) for the purposes of taking notes, personal communication unrelated to the proceedings, and accessing information only; and (2) on the condition that no photographs, audio or video recording, or live broadcasting, including digitally sharing, posting, or microblogging via a social or other media site, be conducted in the courthouse; All devices shall be registered with court security upon entry into the building; All are reminded of the prohibitions regarding photographing, recording, and/or broadcasting court proceedings, as further set out in order. Signed by Honorable Judge Liles C. Burke on 5/2/2022. (amf, ) (Entered: 05/02/2022) |
| 05/02/2022 | Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (No pdf attached to this entry – see doc 69 for pdf) (cwl, ) (Entered: 05/03/2022) | |
| 05/02/2022 | 102 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 4/22/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/ Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (cwl, ) (Entered: 05/12/2022) |
| 05/03/2022 | 77 | Witness List by Kay Ivey, Steve Marshall, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Tom Anderson, Jessica Ventiere. (Davis, James) Modified on 5/3/2022 to add additional filers left off by e-filer (cwl, ). (Entered: 05/03/2022) |
| 05/03/2022 | 78 | (Exhibit 40 SEALED pursuant to 452 Text Order) – Exhibit List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe.. (Attachments: # 1 Exhibit 1 Boe, Brianna, # 2 Exhibit 2. Eknes-Ticker, Paul, # 3 Exhibit 3. Hawkins, Linda, # 4 Exhibit 4. Koe, Rachel, # 5 Exhibit 5. Koe, Rachel Supp, # 6 Exhibit 6. Ladinsky, Morissa, # 7 Exhibit 7. Ladinsky CV 11 1 21, # 8 Exhibit 8. Moe, Jane, # 9 Exhibit 9. Noe, Kathy, # 10 Exhibit 10. Poe, Megan, # 11 Exhibit 11. Rosenthal, Stephen, # 12 Exhibit 12. Zoe, James, # 13 Exhibit 13. A. Declaration, # 14 Exhibit 14. E. Guidelines, # 15 Exhibit 15. AACAP Statement, # 16 Exhibit 16. E. Society 2020 Statement, # 17 Exhibit 17. WPATH, # 18 Exhibit 18. USPATH, # 19 Exhibit 19. Yale Report, # 20 Exhibit 20. ACP, # 21 Exhibit 21. AMA, # 22 Exhibit 22. Amer Academy Peds, # 23 Exhibit 23. APA Position Statement, # 24 Exhibit 24. Endocrine Ped Statement, # 25 Exhibit 25. Trans Youth Fact Sheet, # 26 Exhibit 26. WPATH Joint Statement, # 27 Exhibit 27. Joint Statement, # 28 Exhibit 28. Statement re AL Law, # 29 Exhibit 29. TURBAN, # 30 Exhibit 30. Am Academy Peds, # 31 Exhibit 31. Ala Psych, # 32 Exhibit 32. Am Academy Peds, # 33 Exhibit 33. De VRIES, # 34 Exhibit 34. COSTA Support, # 35 Exhibit 35. DELARA, # 36 Exhibit 36. TURBAN, # 37 Exhibit 37. TURBAN, # 38 Exhibit 38. Judgment, # 39 Exhibit 39. AB v CV, # 40 Exhibit 40. Photos , # 41 Exhibit 41. UAB Consent Form, # 42 Exhibit 42. ACHILLE, # 43 Exhibit 43. TORDOFF, # 44 Exhibit 44. Allen)(Eagan, Melody) (Attachment 40 replaced on 5/16/2022 TO ADD SEALED EXHIBIT TO THE DOCKET) (cwl, ). Modified on 3/19/2024 to reflect exhibit 40 unsealed pursuant to the 450 Text Order (AM). Modified on 3/19/2024 to reseal (GGN). Modified on 3/19/2024 (WCL). (Entered: 05/03/2022) |
| 05/03/2022 | 79 | Witness List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 05/03/2022) |
| 05/03/2022 | 80 | Exhibit List and Witness List by United States of America.. (Attachments: # 1 Exhibit Diagnostic & Statistical Manual of Mental Disorders, # 2 Exhibit American Academy of Pediatrics 2018 Policy Statement, # 3 Exhibit Endocrine Society Clinical Practice Guideline, # 4 Exhibit WPATH Standards of Care, # 5 Exhibit Alabama Psychological Association Statement, # 6 Exhibit American Academy of Pediatrics 2022 Statement, # 7 Exhibit Antommaria Decl., # 8 Exhibit Antommaria Bibliography, # 9 Exhibit Antommaria Curriculum Vitae, # 10 Exhibit FDA Article, # 11 Exhibit Article: Biased Science, # 12 Exhibit ABC News Article)(Cheek, Jason) (Entered: 05/03/2022) |
| 05/03/2022 | 81 | Supplemental Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit D41)(Davis, James) Modified on 5/3/2022 to clean up text (cwl, ). (Additional attachment(s) added on 5/3/2022: # 2 Corrected Certificate of Service) (cwl, ). (Entered: 05/03/2022) |
| 05/03/2022 | Witness List by United States of America. (NO pdf attached to this entry – see doc 80 for pdf)(cwl, ) (Entered: 05/03/2022) | |
| 05/03/2022 | 82 | TEXT ORDER: granting 42 Motion for Michael B. Shortnacy to Appear Pro Hac Vice; granting 43 Motion for Brent P. Ray to Appear Pro Hac Vice; granting 44 Motion for Abigail Hoverman Terry to Appear Pro Hac Vice; granting 45 Motion for Misty L. Peterson to Appear Pro Hac Vice; granting 46 Motion for Gilbert Olusegun Oladeinbo to Appear Pro Hac Vice; granting 47 Motion for Adam Reinke to Appear Pro Hac Vice; granting 48 Motion for Asaf Orr to Appear Pro Hac Vice; granting 49 Motion for Jessica Lynn Stone to Appear Pro Hac Vice; granting 50 Motion for Jennifer L. Levi to Appear Pro Hac Vice; granting 51 Motion for Cynthia Cheng-Wun Weaver to Appear Pro Hac Vice; granting 52 Motion for Scott D. McCoy to Appear Pro Hac Vice; granting 53 Motion for Sarah Warbelow to Appear Pro Hac Vice; granting 56 Motion for Christopher E. Mills to Appear Pro Hac Vice; granting 70 Motion for Michael A. Cantrell to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 5/3/2022. (NO pdf attached to this entry) (cwl, ) (Entered: 05/03/2022) |
| 05/03/2022 | 83 | ORDER: the Plaintiffs’ Motion for Leave to Proceed Pseudonymously (Doc. 6 ) is GRANTED. The Plaintiffs identified as Brianna Boe, Michael Boe, James Zoe, Zachary Zoe, Megan Poe, Allison Poe, Kathy Noe, Christopher Noe, and Rachel Koe, M.D. may proceed under pseudonyms. Signed by Honorable Judge Liles C. Burke on 5/3/2022. (cwl, ) (Entered: 05/03/2022) |
| 05/03/2022 | 84 | Unopposed MOTION for Leave to File Exhibit Under Seal re 78 Exhibit List by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Eagan, Melody) Modified on 5/3/2022 to add link & clean up text (cwl, ). (Entered: 05/03/2022) |
| 05/03/2022 | 85 | Joint MOTION to Dismiss Defendant Kay Ivey by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe, Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. (Eagan, Melody) Modified on 5/3/2022 to add defs as filers (cwl, ). (Entered: 05/03/2022) |
| 05/03/2022 | 86 | NOTICE of Appearance by Alyssa C. Lareau on behalf of United States of America (Lareau, Alyssa) (Entered: 05/03/2022) |
| 05/03/2022 | 87 | NOTICE of Filing Correct Defense Exhibit 41 re 81 Supplemental Exhibit List by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Attachments: # 1 Exhibit)(Davis, James) Modified on 5/4/2022 to clean up text & to add link (cwl, ). (Entered: 05/03/2022) |
| 05/03/2022 | 88 | TEXT ORDER: At the end of tomorrow’s proceedings, the parties should be prepared to give their opening statements on Plaintiffs’ motion for preliminary injunction. The parties’ arguments shall not exceed 25 minutes each. Signed by Honorable Judge Liles C. Burke on 5/3/2022. (NO pdf attached to this entry) (cwl, ) (Entered: 05/03/2022) |
| 05/04/2022 | 89 | REPLY BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re 7 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) Modified on 5/4/2022 to clarify text & add link (cwl, ). (Entered: 05/04/2022) |
| 05/04/2022 | 90 | UNOPPOSED MOTION to Seal PORTIONS OF PRELIMINARY INJUNCTION HEARING by Rachel Koe, Megan Poe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Eagan, Melody) Modified on 5/4/2022 to remove Brianna Boe, Paul A. Eknes-Tucker, Jane Moe, Kathy Noe, James Zoe as filers & clean up text (cwl, ). (Entered: 05/04/2022) |
| 05/04/2022 | 91 | MOTION for Leave to File Brief of Amici Curiae by American Academy of Pediatrics, Alabama Chapter of the American Academy of Pediatrics, Academic Pediatric Association, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Association of Physicians for Human Rights, Inc. d/b/a GLMA: Health Professionals Advancing LGBTQ Equality, American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, The Endocrine Society, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, Societies for Pediatric Urology, World Professional Association for Transgender Health, American Pediatric Society. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Ragsdale, Barry) Modified on 5/5/2022 to add as also filed on behalf of American Pediatric Society (amf, ). (Entered: 05/04/2022) |
| 05/04/2022 | 92 | Amended Intervenor COMPLAINT , filed by United States of America. (Attachments: # 1 Certificate of the Attorney General)(Cheek, Jason) (Additional attachment(s) added on 5/5/2022: # 2 Certificate of Service) (amf, ). (Entered: 05/04/2022) |
| 05/04/2022 | ***PURSUANT TO THE 91 MOTION – Attorneys Cortlin H. Lannin, D. Jean Veta, William Isasi, Elizabeth Baia, Michael Lanosa, & Robert S. Vance, III for Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing,Cortlin H. Lannin,D. Jean Veta,William Isasi,Elizabeth Baia,Michael Lanosa,Robert S. Vance, III for American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society & World Professional Association for Transgender Health added. (No PDF attached to this entry) (amf, ) (Entered: 05/05/2022) | |
| 05/04/2022 | 93 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Motion Hearing held on 5/4/2022 re 58 MOTION to Intervene filed by United States of America (PDF available for court use only). (Court Reporter Christine Decker.) (kcf, ) (Entered: 05/05/2022) |
| 05/05/2022 | ORAL ORDER granting 85 Joint Motion to Dismiss Defendant Kay Ivey. Entered by Honorable Judge Liles C. Burke on 5/5/22. (dh) (Entered: 05/05/2022) | |
| 05/05/2022 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Evidentiary Hearing began on 5/5/2022 (NO PDF available; see final minute entry). (Court Reporter Christina Decker w/ND AL.) (dh) (Entered: 05/05/2022) | |
| 05/06/2022 | 96 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Evidentiary Hearing held on 5/6/2022 (PDF available for court use only). (Court Reporter Christina Decker w/ND AL.) (Attachments: # 1 Witness List, # 2 Pl. Exhibit List, # 3 PX1, # 4 PX2, # 5 PX3, # 6 PX4, # 7 PX5, # 8 PX6, # 9 PX7, # 10 PX8, # 11 PX9, # 12 PX10, # 13 PX11, # 14 PX12, # 15 PX13, # 16 PX14, # 17 PX15, # 18 PX16, # 19 PX17, # 20 PX18, # 21 PX19, # 22 PX20, # 23 PX21, # 24 PX22, # 25 PX23, # 26 PX24, # 27 PX25, # 28 PX26, # 29 PX27, # 30 PX28, # 31 PX29, # 32 PX30, # 33 PX31, # 34 PX32, # 35 PX33, # 36 PX34, # 37 PX35, # 38 PX36, # 39 PX37, # 40 PX38, # 41 PX39, # 42 PX40, # 43 PX41, # 44 PX42, # 45 PX43, # 46 PX44, # 47 PX45, # 48 Intervenor (USA) Exhibit List, # 49 USA X1, # 50 USA X2, # 51 USA X3, # 52 USA X4, # 53 USA X5, # 54 USA X6, # 55 USA X7, # 56 USA X8, # 57 USA X9, # 58 USA X10, # 59 USA X11, # 60 USA X12, # 61 Def. Exhibit List, # 62 DX1, # 63 DX2, # 64 DX3, # 65 DX4, # 66 DX5, # 67 DX6, # 68 DX7, # 69 DX8, # 70 DX9, # 71 DX10, # 72 DX11, # 73 DX12, # 74 DX13, # 75 DX14, # 76 DX15, # 77 DX16, # 78 DX17, # 79 DX18, # 80 DX19, # 81 DX20, # 82 DX21, # 83 DX22, # 84 DX23, # 85 DX24, # 86 DX25, # 87 DX26, # 88 DX27, # 89 DX28, # 90 DX29, # 91 DX30, # 92 DX31, # 93 DX32, # 94 DX33, # 95 DX34, # 96 DX35, # 97 DX36, # 98 DX37, # 99 DX38, # 100 DX39, # 101 DX40, # 102 DX41, # 103 DX42 – DVD Conventionally Filed) (dh) Modified on 6/8/2022 to reflect exhibits returned to counsel at conclusion of hearing. USB DRIVES (3) with all admitted exhibits to remain in court record. USB Drives and DVD placed in accordion folder with file in Clerk’s office. (dmn, ) (Entered: 05/10/2022) |
| 05/08/2022 | 94 | PROCEDURAL ORDERS & STATUS OF FORTHCOMING OPINION: the United States’s 58 motion to intervene is GRANTED; the 71 & 91 motions for leave to proceed as amici curiae are GRANTED; The Court will consider the briefs in ruling on the motions for a preliminary injunction; the 84 & 90 motions to seal are GRANTED; The Court has made very substantial progress toward crafting an opinion in this matter and expects to file the opinion by the end of this week, if not sooner. Signed by Honorable Judge Liles C. Burke on 5/8/2022. (amf, ) (Entered: 05/08/2022) |
| 05/08/2022 | 104 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING VOLUME I (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/5/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/31/2022. Redacted Transcript Deadline set for 6/8/2022. Release of Transcript Restriction set for 8/8/2022. (cwl, ) (Entered: 05/12/2022) |
| 05/08/2022 | 105 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING VOLUME II (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/6/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/31/2022. Redacted Transcript Deadline set for 6/8/2022. Release of Transcript Restriction set for 8/8/2022. (cwl, ) (Entered: 05/12/2022) |
| 05/08/2022 | 106 | (SEALED) – pursuant to 452 Text Order – (Unsealed pursuant to the 450 Text Order) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING VOLUME I held on 5/5/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. (cwl, ) Modified on 3/19/2024 (AM). Modified on 3/19/2024 to reseal (GGN). (Entered: 05/12/2022) |
| 05/09/2022 | 95 | BRIEF/MEMORANDUM in Opposition re 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order BRIEF OF 15 STATES AS AMICI CURIAEfiled by State of Alaska, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of West Virginia. (Cantrell, Michael) (Entered: 05/09/2022) |
| 05/11/2022 | 97 | Motion for Robert S. Vance III to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3219952.) by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 5/12/2022 to add attorney’s name to text & clarify that Exhibit A is contained within the main PDF (cwl, ). (Entered: 05/11/2022) |
| 05/11/2022 | 98 | Motion for D. Jean Veta to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3219954.) by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 5/12/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 05/11/2022) |
| 05/11/2022 | 99 | Motion for Cortlin H. Lannin to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3219955.) by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 5/12/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 05/11/2022) |
| 05/11/2022 | 100 | Motion for William Isasi to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3219959.) by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 5/12/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 05/11/2022) |
| 05/11/2022 | 101 | Motion for Michael Lanosa to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3219970.) by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 5/12/2022 to add attorney’s name to text & clarify exhibit A is contained within the main PDF (cwl, ). (Entered: 05/11/2022) |
| 05/11/2022 | 103 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/4/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/1/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/9/2022. (cwl, ) (Entered: 05/12/2022) |
| 05/13/2022 | 107 | OPINION AND ORDER: the Court GRANTS in part PlFs’ 7 motion for preliminary injunction and ENJOINS Dfts from enforcing Section 4(a)(1)-(3) of the Act pending trial. The Court GRANTS in part the United States’s 62 motion for preliminary injunction to the same degree and effect. All other provisions of the Act remain enforceable. Signed by Honorable Judge Liles C. Burke on 5/13/2022. (wcl, ) (Main Document 107 replaced on 5/17/2022 to correct a case number referenced in the PDF) (cwl, ). (Main Document 107 replaced on 5/19/2022 to correct syntax) (cwl, ). (Entered: 05/13/2022) |
| 05/16/2022 | 108 | NOTICE OF APPEAL by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere of Order Granting Preliminary Injunction (Doc. 107 ) entered on 5/13/2022. ( Filing fee $ 505.00 receipt number AALMDC-3221733.) (LaCour, Edmund) Modified on 5/17/2022 to create link. (dmn, ) (Entered: 05/16/2022) |
| 05/17/2022 | 109 | Appeal Instructions re 108 Notice of Appeal sent to Edmund LaCour, counsel for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (Attachments: # 1 Transcript Information Form)(dmn, ) (Entered: 05/17/2022) |
| 05/17/2022 | 110 | NOTICE of Correction re 107 OPINION AND ORDER, to attach the correct main PDF document to correct a case number referenced in the PDF. (Attachments: # 1 Correct Main doc entry 107 )(cwl, ) (Entered: 05/17/2022) |
| 05/18/2022 | 111 | Transmission of 108 Notice of Appeal, 107 Order, and Docket Sheet to US Court of Appeals. (Attachments: # 1 Docket Sheet and Appeal Record)(dmn, ) (Entered: 05/18/2022) |
| 05/19/2022 | 112 | NOTICE of Correction re 107 OPINION AND ORDER, to attach the correct main PDF document to correct syntax. (Attachments: # 1 Correct Main doc entry 107 )(cwl, ) (Entered: 05/19/2022) |
| 05/20/2022 | 113 | Joint MOTION to Dismiss Governor Kay Ivey by United States of America, Jessica Ventiere, Steve Marshall, Danny Carr, C. Wilson Baylock, Daryl D. Bailey, Tom Anderson. (Cheek, Jason) Modified on 5/23/2022 to add DFTs as filers (bes, ). (Entered: 05/20/2022) |
| 05/23/2022 | 114 | USCA Case Number 22-11707-JJ for 108 Notice of Appeal, filed by Appellants Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr. Fee Status: Fee Paid. No hearings to be transcribed. The appellant’s brief is due on or before 6/27/2022. The appendix is due no later than 7 days from the filing of the appellant’s brief. Awaiting Appellant’s Certificate of Interested Persons due on or before 6/6/2022 as to Appellant Attorney General, State of Alabama. Awaiting Appellee’s Certificate of Interested Persons due on or before 6/21/2022 as to Appellee Paul A. Eknes-Tucker. (dmn, ) (Entered: 05/23/2022) |
| 05/23/2022 | 115 | TRANSCRIPT INFORMATION FORM re 108 Notice of Appeal by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere with the following notation, “All necessary transcript(s) on file.” (LaCour, Edmund) Modified on 5/24/2022 to include additional text. (dmn, ) (Entered: 05/23/2022) |
| 05/25/2022 | 116 | ANSWER to 92 Intervenor Complaint, by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere.(Seiss, Benjamin) (Entered: 05/25/2022) |
| 05/31/2022 | 117 | TEXT ORDER granting 113 Joint Motion to Dismiss Governor Kay Ivey. Signed by Honorable Judge Liles C. Burke on 5/31/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/31/2022) |
| 06/06/2022 | 118 | ORDER of USCA addressed to Jennifer Levi as to 108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Jennifer Levi is permitted to appear pro hac vice in this appeal, representing the Appellees, contingent upon her payment of the $50.00 pro hac vice fee within 14 days of the date of this order. (dmn, ) (Entered: 06/06/2022) |
| 06/07/2022 | 120 | ORDER of USCA as to 108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Appellants’ “Unopposed Motion for Expedited Briefing and Appellate Review” is GRANTED. The Court DIRECTS the Clerk’s Office to expedite the appeal for merits disposition purposes and place this appeal on the next available oral argument calendar. Briefing in this appeal shall proceed as follows: Appellants’ initial brief is due by 6/27/2022, with the appendix due 7 days from the filing of the initial brief. Appellees’ response briefs are due by 8/10/2022. Appellants’ reply brief, if any, is due by 8/31/2022. (dmn, ) (no pdf) (Entered: 06/08/2022) |
| 06/08/2022 | 119 | TEXT ORDER: On or before 6/22/2022, the parties shall file their Rule 26(f) report or the court will set the schedule for them on 6/23/2022. Signed by Honorable Judge Liles C. Burke on 6/8/2022. (No PDF attached to this entry) (bes, ) (Entered: 06/08/2022) |
| 06/08/2022 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: 108 Notice of Appeal, Appeal No. 22-11707-JJ. The entire record on appeal is available electronically with the exception of: Doc. 96 , Exhibit DX42 CD, VIDEO. (dmn, ) (Entered: 06/08/2022) | |
| 06/09/2022 | 121 | NOTICE of Appearance by Eliza Dermody on behalf of United States of America (Dermody, Eliza) (Entered: 06/09/2022) |
| 06/16/2022 | 122 | NOTICE of Appearance by Kaitlin N Toyama on behalf of United States of America (Toyama, Kaitlin) (Entered: 06/16/2022) |
| 06/16/2022 | 123 | NOTICE of Appearance by Renee Michelle Williams on behalf of United States of America (Williams, Renee) (Entered: 06/16/2022) |
| 06/21/2022 | 124 | Consent MOTION to unseal Dr. Koe’s testimony from the preliminary injunction hearing re 106 Transcript by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order)(Bowdre, Alexander) (Entered: 06/21/2022) |
| 06/22/2022 | 125 | REPORT of Rule 26(f) Planning Meeting. (Eagan, Melody) (Entered: 06/22/2022) |
| 06/24/2022 | 126 | MOTION to Withdraw as Attorney for Attorney Gilbert Olusegun Oladeinbo by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: # 1 Text of Proposed Order)(Oladeinbo, Gilbert) Modified on 6/25/2022 to clarify the docket text (bes, ). (Entered: 06/24/2022) |
| 06/29/2022 | 127 | Transmitted Record on Appeal to US Court of Appeals re 108 Notice of Appeal, Appeal No. 22-11707-JJ as to Appellants Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere: (1) Folder containing: (1) DVD, Doc. 96 , Exhibit DX42 VIDEO. Mailed USPS Priority mail. (dmn, ) (Entered: 06/29/2022) |
| 06/29/2022 | 128 | ORDER granting 124 Motion to unseal Dr. Koe’s testimony from the preliminary injunction hearing; The Clerk is DIRECTED to unseal the portions of the preliminary injunction transcript containing Dr. Koe’s testimony: pages 170:22 through 195:8 of the transcript. Signed by Honorable Judge Liles C. Burke on 6/29/2022. (bes, ) (Entered: 06/29/2022) |
| 06/29/2022 | 129 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing Vol I (TESTIMONY OF RACHEL KOE, MD) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/5/2022, before Judge Lilies C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/20/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 9/27/2022. (bes, ) (Entered: 06/29/2022) |
| 07/01/2022 | 130 | TEXT ORDER: Setting an in-person Rule 26(f) conference for July 12, 2022, at 9:30 a.m. CDT. Signed by Honorable Judge Liles C. Burke on 7/1/2022. (No pdf attached to this entry) (furn: calendar, dh)(cwl, ) (Entered: 07/01/2022) |
| 07/01/2022 | 131 | Joint MOTION for Entry of (1) Protective Order and (2) HIPAA Qualified Protective Order and Order to Disclose Protected Health Information by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere, Paul A. Eknes-Tucker, Brianna Boe, James Zoe, Megan Poe, Kathy Noe, Jane Moe, Rachel Koe, United States of America. (Attachments: # 1 Exhibit 1 – Stipulated Protective Order, # 2 Exhibit 2 – [Proposed] HIPAA Qualified Protective Order and Order to Disclose Protected Health Information)(Davis, James) Modified on 7/5/2022 to clarify the docket text and to add PLFs as filers (bes, ). (Entered: 07/01/2022) |
| 07/06/2022 | Record on Appeal filed by USCA re 11th Circuit Appeal No. 22-11707-JJ. Exhibit Envelope, (1) Folder containing: (1) DVD, Doc. 96 , Exhibit DX42 VIDEO 11th Circuit Appeal No. 22-11707-JJ. (dmn, ) (no pdf) (Entered: 07/06/2022) | |
| 07/11/2022 | 132 | NOTICE of Appearance by Margaret Lester Marshall on behalf of United States of America (Marshall, Margaret) (Entered: 07/11/2022) |
| 07/12/2022 | 133 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Scheduling Conference held on 7/12/2022 (PDF available for court use only). (Court Reporter Christina Decker.) (war, ) (Entered: 07/12/2022) |
| 07/12/2022 | 136 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 7/12/2022, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/ Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022. (cwl, ) (Entered: 07/18/2022) |
| 07/14/2022 | 134 | AMENDED Report of the Parties’ Planning Meeting by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. Amendment to 125 Report of Rule 26(f) Planning Meeting . (Davis, James) Modified on 7/14/2022 to clarify the docket text and to add joint filers (bes, ). (Entered: 07/14/2022) |
| 07/15/2022 | 135 | SCHEDULING ORDER: Amended Pleadings due by 8/5/2022; Discovery due by 4/10/2023; Dispositive Motions due by 5/15/2023, as further set out in order; Telephone Status Conference set for 2/13/2023 at 10:30 AM before Honorable Judge Liles C. Burke; Dial-in instructions will be emailed to counsel prior to the telephone conference, as further set out in order. Signed by Honorable Judge Liles C. Burke on 7/15/2022. (Furn: Calendar, all CRDs) (bes, ) (Entered: 07/15/2022) |
| 07/15/2022 | Case reassigned to Honorable Judge Chad W. Bryan as referral judge; Honorable Judge Susan Russ Walker no longer assigned to the case. (No PDF attached to this entry) (bes, ) (Entered: 07/15/2022) | |
| 07/19/2022 | 137 | STIPULATED PROTECTIVE ORDER granting 131 Joint Motion for Entry of a Protective Order, as further set out in order. Signed by Honorable Judge Liles C. Burke on 7/19/2022. (Attachments: # 1 Exhibit A) (bes, ) (Entered: 07/19/2022) |
| 07/19/2022 | 138 | STIPULATED HIPPA QUALIFIED PROTECTIVE ORDER: the Court GRANTS the parties’ 131 joint motion for entry of a HIPPA qualified protective order, as further set out in order. Signed by Honorable Judge Liles C. Burke on 7/19/2022. (bes, ) (Entered: 07/19/2022) |
| 07/27/2022 | 139 | Motion for Brian W. Barnes to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3262682.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit)(Bowdre, Alexander) Modified on 7/27/2022 to add attorney’s name to text (cwl, ). (Entered: 07/27/2022) |
| 07/27/2022 | 140 | Motion for Peter A. Patterson to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3262706.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bowdre, Alexander) Modified on 7/27/2022 to add atty’s name to text (cwl, ). (Entered: 07/27/2022) |
| 07/27/2022 | 141 | Motion for John D. Ramer to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3262711.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bowdre, Alexander) Modified on 7/27/2022 to add atty’s name to text (cwl, ). (Entered: 07/27/2022) |
| 07/27/2022 | 142 | Motion for David H. Thompson to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3262717.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bowdre, Alexander) Modified on 7/27/2022 to add atty’s name to text (cwl, ). (Entered: 07/27/2022) |
| 07/27/2022 | ***PURSUANT TO THE 139 & 140 MOTIONS – Attorney Brian W. Barnes, Peter A. Patterson for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere added. (No pdf attached to this entry) (cwl, ) (Entered: 07/27/2022) | |
| 07/27/2022 | ***PURSUANT TO THE 141 & 142 MOTIONS – Attorney John D. Ramer, David H. Thompson for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere added. (No pdf attached to this entry) (cwl, ) (Entered: 07/28/2022) | |
| 08/05/2022 | 143 | MOTION for Leave to File Amended Complaint by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe. (Attachments: # 1 Exhibit A)(Eagan, Melody) (Entered: 08/05/2022) |
| 08/05/2022 | 144 | MOTION for Leave to File Amended Complaint by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe. (Attachments: # 1 Exhibit A)(Eagan, Melody) (Entered: 08/05/2022) |
| 08/08/2022 | 145 | TEXT ORDER granting the 144 Corrected Motion for Leave to Amend Complaint and to Proceed Pseudonymously and denying as moot the 143 Motion for Leave to Amend Complaint and to Proceed Pseudonymously. Signed by Honorable Judge Liles C. Burke on 8/8/2022. (No PDF attached to this entry) (bes, ) (Entered: 08/08/2022) |
| 08/09/2022 | 146 | AMENDED COMPLAINT against All Defendants, filed by Brianna Boe, Paul A. Eknes-Tucker, Kathy Noe, Rachel Koe, Megan Poe, Rebecca Roe, Robert Voe, Heather Austin.(Eagan, Melody) Modified on 9/20/2022 to correct PLF Austin’s name (bes, ). (Entered: 08/09/2022) |
| 08/09/2022 | 147 | MOTION to Withdraw as Attorney by United States of America. (Dermody, Eliza) (Entered: 08/09/2022) |
| 08/10/2022 | 148 | TEXT ORDER granting the 139 , 140 , 141 , & 142 Motions for Leave to Appear Pro Hac Vice for Attorneys Brian W. Barnes, Peter A. Patterson, John D. Ramer, & David H. Thompson. Signed by Honorable Judge Liles C. Burke on 8/10/2022. (No PDF attached to this entry) (bes, ) (Entered: 08/10/2022) |
| 08/17/2022 | ORDER of USCA as to 108 Notice of Appeal, 11th Circuit Appeal No. 22-11707-JJ: Motion to correct or amend brief filed by Appellees Paul A. Eknes-Tucker, Brianna Boe, James Zoe, Megan Poe, Kathy Noe, Jane Moe, and Rachel Koe is GRANTED by clerk. (dmn, ) (no pdf) (Entered: 08/18/2022) | |
| 08/22/2022 | 149 | USCA Notice of Court Action re 108 Notice of Appeal, 11th Circuit Appeal No. 22-11707-JJ: Motion to Appear Pro Hac Vice filed by Jean Veta is GRANTED by clerk. (dmn, ) (Entered: 08/23/2022) |
| 08/23/2022 | 150 | MOTION to Dismiss Amended Complaint (Doc. 146 ) in Part by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order)(LaCour, Edmund) Modified on 8/24/2022 to add brackets to create link (cwl, ). (Entered: 08/23/2022) |
| 09/07/2022 | 151 | NON-PARTY EAGLE FORUM OF ALABAMA’S OBJECTION and MOTION to Quash Document Subpoena, or in the Alternative MOTION to Modify Subpoena by Eagle Forum of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Graham, John). Added Alternative MOTION to Modify on 9/7/2022 (cwl, ). (Entered: 09/07/2022) |
| 09/07/2022 | 152 | NON-PARTY SOUTHEAST LAW’S OBJECTION and MOTION to Quash Document Subpoena, or in the Alternative MOTION to Modify Subpoena by Southeast Law Institute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Graham, John). Added Alternative MOTION to Modify on 9/7/2022 (cwl, ). (Entered: 09/07/2022) |
| 09/12/2022 | 153 | Consent MOTION for Leave to File Second Amended Complaint by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Attachments: # 1 Exhibit A – Proposed Second Amended Complaint)(Eagan, Melody) Modified on 9/20/2022 to correct the spelling of PLF Austin’s Name (bes, ). (Entered: 09/12/2022) |
| 09/13/2022 | 154 | RESPONSE to Motion re 150 MOTION to Dismiss Amended Complaint (Doc. 146) in Part filed by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe. (Eagan, Melody) Modified on 9/20/2022 to correct the spelling of PLF Austin’s name (bes, ). (Entered: 09/13/2022) |
| 09/16/2022 | 155 | TEXT ORDER: For good cause shown under Federal Rule of Civil Procedure 15(a)(2), the Court GRANTS Plaintiffs’ 153 motion for leave to amend. Plaintiffs shall file their second amended complaint by 9/23/2022. Signed by Honorable Judge Liles C. Burke on 9/16/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/16/2022) |
| 09/16/2022 | 156 | TEXT ORDER: Any opposition to the pending 151 & 152 motions to quash shall be filed by 9/21/2022. Any reply shall be filed by 9/28/2022. Signed by Honorable Judge Liles C. Burke on 9/16/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/16/2022) |
| 09/19/2022 | 157 | MOTION for Partial Judgment on the United States’ 92 Pleadings by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order Proposed Order)(LaCour, Edmund) Modified on 9/19/2022 to clarify the docket text (bes, ). (Entered: 09/19/2022) |
| 09/19/2022 | 158 | Consent MOTION for Leave to File Brief in Support of Motions to Quash Filed By Eagle Forum of Ala. and Southeast Legal Institute (Docs. 151 & 152) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Defs’ Br. ISO Motions to Quash (Docs. 151 & 152))(LaCour, Edmund) (Entered: 09/19/2022) |
| 09/19/2022 | 159 | Second AMENDED COMPLAINT for Declaratory and Injunctive Relief against Steve Marshall, Daryl D. Bailey, C. Wilson Blaylock, Jessica Ventiere, Tom Anderson, Danny Carr, filed by Brianna Boe, Megan Poe, Kathy Noe, Rebecca Roe, Robert Moe, Heather Austin, Rachel Koe.(Eagan, Melody) Modified on 9/20/2022 to list DFTs and PLFs (bes, ). (Entered: 09/19/2022) |
| 09/20/2022 | 160 | TEXT ORDER granting 158 Consent MOTION for Leave to File Brief in Support. Signed by Honorable Judge Liles C. Burke on 9/20/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/20/2022) |
| 09/20/2022 | 161 | MOTION for Leave to File FILE RESPONSE TO DEFENDANTS BRIEF IN SUPPORT OF THIRD PARTIES’ MOTIONS TO QUASH AND MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION FOR PARTIAL JUDGMENT by United States of America. (Cheek, Jason) (Entered: 09/20/2022) |
| 09/20/2022 | 162 | TEXT ORDER: Because Plaintiffs have filed a second amended complaint, Defendants’ 150 motion to dismiss and 157 motion for judgment on the pleadings are DENIED as moot with leave to refile. Signed by Honorable Judge Liles C. Burke on 9/20/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/20/2022) |
| 09/20/2022 | 163 | TEXT ORDER setting a Hearing on the 151 & 152 Motions to Quash for 10/14/2022 at 10:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke. Signed by Honorable Judge Liles C. Burke on 09/20/2022. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 09/20/2022) |
| 09/20/2022 | 164 | MOTION for Leave to File brief amicus curiae by Free Speech Coalition et al. (Attachments: # 1 Exhibit Free Speech Coalition et al Amicus Brief)(Jauregui, Phillip) (Entered: 09/20/2022) |
| 09/20/2022 | 165 | MOTION for Leave to File BRIEF OF 53 ORGANIZATIONS, FEDERAL AND STATE LEGISLATORS, AND INDIVIDUAL CITIZENS AS AMICI CURIAE IN SUPPORT OF NON- PARTY EAGLE FORUM OF ALABAMAS OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA by Advancing American Freedom, Inc., Alabama Center for Law and Liberty, America First Legal Foundation, American Family Association, Inc., Americans United for Life, The Buckeye Institute, Cardinal Institute for West Virginia Policy, Center for Arizona Policy, Center for Family and Human Rights, Citizens United, Citizens United Foundation, The Commonwealth Foundation for Public Policy Alternative, Concerned Women for America, Faith & Freedom Coalition, The Family Action Council of Tennessee, Inc., The Foundation for Government Accountability, Foundation for Moral Law, Frontline Policy Council, Independent Womens Forum, John Locke Foundation, Judicial Watch, Inc., The Liberty Justice Center, Louisiana Family Forum, Manhattan Institute, Michigan Family Forum, Mountain States Legal Foundation, The National Right to Work Committee, Oklahoma Council of Public Affairs, Parental Rights Foundation, Pennsylvania Family Council, Private Citizen, Protect Our Kids, Public Interest Legal Foundation, The Religious RoundTable, Inc., Susan B. Anthony Pro-Life America, Tea Party Patriots Action, Inc., Tennessee Eagle Forum, Texas Public Policy Foundation, Robert B Aderholt, Mo Brooks, Jerry Carl, Barry Moore, Gary Palmer, Mike Rogers, T. Christopher Elliott, J.T. Waggoner, Chip Brown, Arnold Mooney, Matt Simpson, Tim R. Wadsworth, Caroline M. Aderholt, Hans Von Spakovsky, Allen Mendenhall. (Attachments: # 1 Exhibit Brief of 53 Organizations, Federal and State Legislators, and Individual Citizens as Amici Curiae in Support of Non Party Eagle Forum of Alabama’s Objection to and Motion to Quash Document Subpoena)(Jordan, Albert) (Entered: 09/20/2022) |
| 09/20/2022 | 166 | Corporate/Conflict Disclosure Statement by Caroline M. Aderholt, Robert B Aderholt, Advancing American Freedom, Inc., Alabama Center for Law and Liberty, America First Legal Foundation, American Family Association, Inc., Americans United for Life, Mo Brooks, Chip Brown, Cardinal Institute for West Virginia Policy, Jerry Carl, Center for Arizona Policy, Center for Family and Human Rights, Citizens United, Citizens United Foundation, Concerned Women for America, T. Christopher Elliott, Faith & Freedom Coalition, Foundation for Moral Law, Frontline Policy Council, Independent Womens Forum, John Locke Foundation, Judicial Watch, Inc., Louisiana Family Forum, Manhattan Institute, Allen Mendenhall, Michigan Family Forum, Arnold Mooney, Barry Moore, Mountain States Legal Foundation, Oklahoma Council of Public Affairs, Gary Palmer, Parental Rights Foundation, Pennsylvania Family Council, Private Citizen, Protect Our Kids, Public Interest Legal Foundation, Mike Rogers, Matt Simpson, Susan B. Anthony Pro-Life America, Tea Party Patriots Action, Inc., Tennessee Eagle Forum, Texas Public Policy Foundation, The Buckeye Institute, The Commonwealth Foundation for Public Policy Alternative, The Family Action Council of Tennessee, Inc., The Foundation for Government Accountability, The Liberty Justice Center, The National Right to Work Committee, The Religious RoundTable, Inc., Hans Von Spakovsky, Tim R. Wadsworth, J.T. Waggoner. (Jordan, Albert) (Entered: 09/20/2022) |
| 09/20/2022 | 167 | Motion for R. Trent McCotter to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3291448.) by Caroline M. Aderholt, Robert B Aderholt, Advancing American Freedom, Inc., Alabama Center for Law and Liberty, America First Legal Foundation, American Family Association, Inc., Americans United for Life, Mo Brooks, Chip Brown, Cardinal Institute for West Virginia Policy, Jerry Carl, Center for Arizona Policy, Center for Family and Human Rights, Citizens United, Citizens United Foundation, Concerned Women for America, T. Christopher Elliott, Faith & Freedom Coalition, Foundation for Moral Law, Frontline Policy Council, Independent Womens Forum, John Locke Foundation, Judicial Watch, Inc., Louisiana Family Forum, Manhattan Institute, Allen Mendenhall, Michigan Family Forum, Arnold Mooney, Barry Moore, Mountain States Legal Foundation, Oklahoma Council of Public Affairs, Gary Palmer, Parental Rights Foundation, Pennsylvania Family Council, Private Citizen, Protect Our Kids, Public Interest Legal Foundation, Mike Rogers, Matt Simpson, Susan B. Anthony Pro-Life America, Tea Party Patriots Action, Inc., Tennessee Eagle Forum, Texas Public Policy Foundation, The Buckeye Institute, The Commonwealth Foundation for Public Policy Alternative, The Family Action Council of Tennessee, Inc., The Foundation for Government Accountability, The Liberty Justice Center, The National Right to Work Committee, The Religious RoundTable, Inc., Hans Von Spakovsky, Tim R. Wadsworth, J.T. Waggoner. (Attachments: # 1 Exhibit A – Certificate of Good Standing)(Jordan, Albert) Modified on 9/21/2022 to add atty’s name to text (cwl, ). (Entered: 09/20/2022) |
| 09/20/2022 | ***PURSUANT TO THE 164 MOTION – Attorney William J. Olson for Free Speech Coalition et al added. (No pdf attached to this entry) (cwl, ) (Entered: 09/21/2022) | |
| 09/20/2022 | ***PURSUANT TO THE 165 MOTION – Attorney R. Trent McCotter,C. Boyden Gray for Caroline M. Aderholt,R. Trent McCotter,C. Boyden Gray for Robert B. Aderholt,R. Trent McCotter,C. Boyden Gray for Advancing American Freedom, Inc.,R. Trent McCotter,C. Boyden Gray for Alabama Center for Law and Liberty,R. Trent McCotter,C. Boyden Gray for America First Legal Foundation,R. Trent McCotter,C. Boyden Gray for American Family Association, Inc.,R. Trent McCotter,C. Boyden Gray for Americans United for Life,R. Trent McCotter,C. Boyden Gray for Mo Brooks,R. Trent McCotter,C. Boyden Gray for Chip Brown,R. Trent McCotter,C. Boyden Gray for Cardinal Institute for West Virginia Policy,R. Trent McCotter,C. Boyden Gray for Jerry Carl,R. Trent McCotter,C. Boyden Gray for Center for Arizona Policy,R. Trent McCotter,C. Boyden Gray for Center for Family and Human Rights,R. Trent McCotter,C. Boyden Gray for Citizens United,R. Trent McCotter,C. Boyden Gray for Citizens United Foundation,R. Trent McCotter,C. Boyden Gray for Concerned Women for America,R. Trent McCotter,C. Boyden Gray for T. Christopher Elliott,R. Trent McCotter,C. Boyden Gray for Faith & Freedom Coalition,R. Trent McCotter,C. Boyden Gray for Foundation for Moral Law,R. Trent McCotter,C. Boyden Gray for Frontline Policy Council,R. Trent McCotter,C. Boyden Gray for Independent Women’s Forum,R. Trent McCotter,C. Boyden Gray for John Locke Foundation,R. Trent McCotter,C. Boyden Gray for Judicial Watch, Inc.,R. Trent McCotter,C. Boyden Gray for Louisiana Family Forum,R. Trent McCotter,C. Boyden Gray for Manhattan Institute,R. Trent McCotter,C. Boyden Gray for Allen Mendenhall,R. Trent McCotter,C. Boyden Gray for Michigan Family Forum,R. Trent McCotter,C. Boyden Gray for Arnold Mooney,R. Trent McCotter,C. Boyden Gray for Barry Moore,R. Trent McCotter,C. Boyden Gray for Mountain States Legal Foundation,R. Trent McCotter,C. Boyden Gray for Oklahoma Council of Public Affairs,R. Trent McCotter,C. Boyden Gray for Gary Palmer,R. Trent McCotter,C. Boyden Gray for Parental Rights Foundation,R. Trent McCotter,C. Boyden Gray for Pennsylvania Family Council,R. Trent McCotter,C. Boyden Gray for Private Citizen,R. Trent McCotter,C. Boyden Gray for Protect Our Kids,R. Trent McCotter,C. Boyden Gray for Public Interest Legal Foundation,R. Trent McCotter,C. Boyden Gray for Mike Rogers,R. Trent McCotter,C. Boyden Gray for Matt Simpson,R. Trent McCotter,C. Boyden Gray for Susan B. Anthony Pro-Life America,R. Trent McCotter,C. Boyden Gray for Tea Party Patriots Action, Inc.,R. Trent McCotter,C. Boyden Gray for Tennessee Eagle Forum,R. Trent McCotter,C. Boyden Gray for Texas Public Policy Foundation,R. Trent McCotter,C. Boyden Gray for The Buckeye Institute,R. Trent McCotter,C. Boyden Gray for The Commonwealth Foundation for Public Policy Alternative,R. Trent McCotter,C. Boyden Gray for The Family Action Council of Tennessee, Inc.,R. Trent McCotter,C. Boyden Gray for The Foundation for Government Accountability,R. Trent McCotter,C. Boyden Gray for The Liberty Justice Center,R. Trent McCotter,C. Boyden Gray for The National Right to Work Committee,R. Trent McCotter,C. Boyden Gray for The Religious RoundTable, Inc.,R. Trent McCotter,C. Boyden Gray for Hans Von Spakovsky,R. Trent McCotter,C. Boyden Gray for Tim R. Wadsworth,R. Trent McCotter,C. Boyden Gray for J.T. Waggoner added. (No pdf attached to this entry) (cwl, ) (Entered: 09/21/2022) | |
| 09/21/2022 | 168 | RESPONSE in Opposition re 152 MOTION to Quash NON-PARTY SOUTHEAST LAW’S OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA, OR IN THE ALTERNATIVE MOTION TO MODIFY SUBPOENA MOTION to Modify, 151 MOTION to Quash NON-PARTY EAGLE FORUM OF ALABAMA’S OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA, OR IN THE ALTERNATIVE MOTION TO MODIFY SUBPOENA MOTION to Modify filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Toyama, Kaitlin) (Entered: 09/21/2022) |
| 09/22/2022 | 169 | NOTICE of Appearance by Robert C. Pickren on behalf of United States of America (Pickren, Robert) (Entered: 09/22/2022) |
| 09/23/2022 | 170 | Motion to Appear Pro Hac Vice for Attorney C. Boyden Gray ( Filing fee $ 75 receipt number AALMDC-3293428.) by Caroline M. Aderholt, Robert B. Aderholt, Advancing American Freedom, Inc., Alabama Center for Law and Liberty, America First Legal Foundation, American Family Association, Inc., Americans United for Life, Mo Brooks, Chip Brown, Cardinal Institute for West Virginia Policy, Jerry L. Carl, Center for Arizona Policy, Center for Family and Human Rights, Citizens United, Citizens United Foundation, Concerned Women for America, T. Christopher Elliott, Faith & Freedom Coalition, Foundation for Moral Law, Frontline Policy Council, Independent Women’s Forum, John Locke Foundation, Judicial Watch, Inc., Louisiana Family Forum, Manhattan Institute, Allen Mendenhall, Michigan Family Forum, Arnold Mooney, Barry Moore, Mountain States Legal Foundation, Oklahoma Council of Public Affairs, Gary Palmer, Parental Rights Foundation, Pennsylvania Family Council, Private Citizen, Protect Our Kids, Public Interest Legal Foundation, Mike Rogers, Matt Simpson, Susan B. Anthony Pro-Life America, Tea Party Patriots Action, Inc., Tennessee Eagle Forum, Texas Public Policy Foundation, The Buckeye Institute, The Commonwealth Foundation for Public Policy Alternative, The Family Action Council of Tennessee, Inc., The Foundation for Government Accountability, The Liberty Justice Center, The National Right to Work Committee, The Religious RoundTable, Inc., Hans Von Spakovsky, Tim R. Wadsworth, J.T. Waggoner. (Attachments: # 1 Exhibit A – Certificate of Good Standing)(Jordan, Albert) Modified on 9/26/2022 to reflect requesting Atty (bes, ). (Entered: 09/23/2022) |
| 09/23/2022 | 171 | MOTION for Judgment on the Pleadings of United States (Doc. 92) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order Proposed Order)(LaCour, Edmund) (Entered: 09/23/2022) |
| 09/26/2022 | 172 | TEXT ORDER granting 167 & 170 Motions for Leave to Appear Pro Hac Vice for Attorneys R. Trent McCotter and C. Boyden Gray. Signed by Honorable Judge Liles C. Burke on 9/26/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/26/2022) |
| 09/26/2022 | 173 | Amended MOTION for Leave to File Response to Defendants’ Brief In Support of Third Parties’ Motions to Quash And Motion for Extension of Time to Respond to Defendants’ Motion for Partial Judgment by United States of America. (Marshall, Margaret) (Entered: 09/26/2022) |
| 09/27/2022 | 174 | TEXT ORDER: For good cause shown under Federal Rule of Civil Procedure 6(b)(1)(A), the Government’s 173 amended motion is GRANTED. The Government may file an opposition to the pending motions to quash by 9/28/2022. The Government may file an opposition to Defendants’ motion for partial judgment on the pleadings by 10/28/2022. Finally, the Government’s 161 initial motion is DENIED as moot. Signed by Honorable Judge Liles C. Burke on 9/27/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/27/2022) |
| 09/27/2022 | 175 | TEXT ORDER granting the 164 MOTION for Leave to File amicus curiae brief and the 165 Motion for Leave to File Brief. Signed by Honorable Judge Liles C. Burke on 9/27/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/27/2022) |
| 09/28/2022 | 176 | REPLY to Response to Motion re 152 MOTION to Quash NON-PARTY SOUTHEAST LAW’S OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA, OR IN THE ALTERNATIVE MOTION TO MODIFY SUBPOENA MOTION to Modify, 151 MOTION to Quash NON-PARTY EAGLE FORUM OF ALABAMA’S OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA, OR IN THE ALTERNATIVE MOTION TO MODIFY SUBPOENA MOTION to Modify filed by Eagle Forum of Alabama, Southeast Law Institute. (Graham, John) (Entered: 09/28/2022) |
| 09/28/2022 | 177 | BRIEF/MEMORANDUM in Support re 151 MOTION to Quash NON-PARTY EAGLE FORUM OF ALABAMA’S OBJECTION TO AND MOTION TO QUASH DOCUMENT SUBPOENA, OR IN THE ALTERNATIVE MOTION TO MODIFY SUBPOENA MOTION to Modify (Amici Curiae Brief, etc.) filed by Caroline M. Aderholt, Robert B. Aderholt, Advancing American Freedom, Inc., Alabama Center for Law and Liberty, America First Legal Foundation, American Family Association, Inc., Americans United for Life, Mo Brooks, Chip Brown, Cardinal Institute for West Virginia Policy, Jerry L. Carl, Center for Arizona Policy, Center for Family and Human Rights, Citizens United, Citizens United Foundation, Concerned Women for America, T. Christopher Elliott, Faith & Freedom Coalition, Foundation for Moral Law, Frontline Policy Council, Independent Women’s Forum, John Locke Foundation, Judicial Watch, Inc., Louisiana Family Forum, Manhattan Institute, Allen Mendenhall, Michigan Family Forum, Arnold Mooney, Barry Moore, Mountain States Legal Foundation, Oklahoma Council of Public Affairs, Gary Palmer, Parental Rights Foundation, Pennsylvania Family Council, Private Citizen, Protect Our Kids, Public Interest Legal Foundation, Mike Rogers, Matt Simpson, Susan B. Anthony Pro-Life America, Tea Party Patriots Action, Inc., Tennessee Eagle Forum, Texas Public Policy Foundation, The Buckeye Institute, The Commonwealth Foundation for Public Policy Alternative, The Family Action Council of Tennessee, Inc., The Foundation for Government Accountability, The Liberty Justice Center, The National Right to Work Committee, The Religious RoundTable, Inc., Hans Von Spakovsky, Tim R. Wadsworth, J.T. Waggoner. (Jordan, Albert) (Entered: 09/28/2022) |
| 09/28/2022 | 178 | MOTION for Leave to File Amicus Curiae Brief in Support of Non-Party Eagle Forum of Alabamas Motion to Quash Document Subpoena by National Republican Redistricting Trust. (Attachments: # 1 Exhibit Brief of National Republican Redistricting Trust as Amicus Curiae in Support of Non-Party Eagle Forum of Alabamas Motion to Quash Document Subpoena)(Madden, Wendy) (Entered: 09/28/2022) |
| 09/28/2022 | 179 | Corporate/Conflict Disclosure Statement by National Republican Redistricting Trust. (Madden, Wendy) (Entered: 09/28/2022) |
| 09/28/2022 | 180 | Motion to Appear Pro Hac Vice for Attorney Jason B. Torchinsky ( Filing fee $ 75 receipt number AALMDC-3296049.) by National Republican Redistricting Trust. (Madden, Wendy) Modified on 9/29/2022 to reflect requesting Atty (bes, ). (Additional attachment(s) added on 10/6/2022: # 1 Certificate of Good Standing from USDC Eastern District of Virginia, # 2 Certificate of Good Standing for the USDC District of Columbia) (bes, ). (Entered: 09/28/2022) |
| 09/28/2022 | 181 | BRIEF/MEMORANDUM in Opposition re 158 Consent MOTION for Leave to File Brief in Support of Motions to Quash Filed By Eagle Forum of Ala. and Southeast Legal Institute (Docs. 151 & 152) filed by United States of America. (Cheek, Jason) (Entered: 09/28/2022) |
| 10/03/2022 | 182 | Defendants’ ANSWER to 159 Amended Complaint, by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere.(Bowdre, Alexander) (Entered: 10/03/2022) |
| 10/04/2022 | 183 | Motion to Appear Pro Hac Vice for Attorney William J. Olson ( Filing fee $ 75 receipt number AALMDC-3299409.) by Free Speech Coalition et al. (Jauregui, Phillip) Modified on 10/5/2022 to reflect requesting Atty and to reflect that Exhibit A is contained within the main PDF (bes, ). (Entered: 10/04/2022) |
| 10/07/2022 | 184 | NOTICE by United States of America Regarding Subpoenas to Third Parties Eagle Forum of Alabama and Southeast Law Institute (Powers, John) (Entered: 10/07/2022) |
| 10/11/2022 | 185 | TEXT ORDER granting 178 MOTION for Leave to File Amicus Curiae Brief in Support of Non-Party Eagle Forum of Alabama’s Motion to Quash Document Subpoena. Signed by Honorable Judge Liles C. Burke on 10/11/2022. (No PDF attached to this entry) (bes, ) (Entered: 10/11/2022) |
| 10/12/2022 | 186 | Supplemental MOTION to Quash Non-Party Document Subpoenas by Eagle Forum of Alabama, Southeast Law Institute. (Attachments: # 1 Exhibit A — Email Exchange, # 2 Exhibit B — Second Declaration of Margaret Clarke, # 3 Exhibit C — Second Declaration of Eric Johnston, # 4 Exhibit D — Appellants Appendix Index)(Graham, John) Modified on 10/12/2022 to clarify the docket text (bes, ). (Entered: 10/12/2022) |
| 10/12/2022 | 187 | TEXT ORDER granting the 97 , 98 , 99 , 100 , 101 , 180 , & 183 Motions for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 10/12/2022. (No PDF attached to this entry) (bes, ) (Entered: 10/12/2022) |
| 10/13/2022 | 188 | MOTION for Leave to Appear Amicus Curiae by Tea Party Patriots Foundation, Inc.. (Attachments: # 1 Brief of Amicus)(Agricola, Algert) (Entered: 10/13/2022) |
| 10/13/2022 | ***PURSUANT TO THE 188 MOTION – Attorney Kurt R. Hilbert, Christopher J. Gardner for Tea Party Patriots Foundation, Inc. added. (No pdf attached to this entry) (cwl, ) (Entered: 10/17/2022) | |
| 10/14/2022 | 189 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Motion Hearing held on 10/14/2022 re 152 MOTION to Quash and 151 MOTION to Quash (PDF available for court use only). (Court Reporter Christina Decker.) (kcf, ) (Entered: 10/14/2022) |
| 10/18/2022 | 190 | TEXT ORDER granting 188 Motion for Leave to Appear Amicus Curiae. Signed by Honorable Judge Liles C. Burke on 10/18/2022. (No pdf attached to this entry) (cwl, ) (Entered: 10/18/2022) |
| 10/21/2022 | 191 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/14/2022, before Judge Lilies C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023. (bes, ) (Entered: 10/21/2022) |
| 10/24/2022 | 192 | OPINION AND ORDER: The Court therefore grants the nonparties’ 151 , 152 & 186 motions and quashes the Government’s nonparty subpoenas in accordance with FRCP 26 and 45; Nothing in this order prohibits the Government from issuing a new subpoena that is far more narrowly tailored, as the Court orally suggested at the hearing, as further set out in order. Signed by Honorable Judge Liles C. Burke on 10/24/2022. (es, ) (Entered: 10/24/2022) |
| 10/25/2022 | 193 | Motion to Appear Pro Hac Vice for Attorney Kurt Robert Hilbert ( Filing fee $ 75 receipt number AALMDC-3310035.) by Tea Party Patriots Foundation, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Agricola, Algert) Modified on 10/25/2022 to reflect requesting Atty (bes, ). (Entered: 10/25/2022) |
| 10/25/2022 | 194 | Motion to Appear Pro Hac Vice for Attorney Christopher James Gardner ( Filing fee $ 75 receipt number AALMDC-3310036.) by Tea Party Patriots Foundation, Inc.. (Attachments: # 1 Exhibit Gardner Certificate of Good Standing)(Agricola, Algert) Modified on 10/25/2022 to reflect requesting Atty (bes, ). (Entered: 10/25/2022) |
| 10/25/2022 | 195 | TEXT ORDER granting 193 & 194 Motions for Leave to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 10/25/2022. (No PDF attached to this entry) (bes, ) (Entered: 10/25/2022) |
| 10/28/2022 | 196 | RESPONSE in Opposition re 171 MOTION for Judgment on the Pleadings of United States (Doc. 92) filed by United States of America. (Williams, Renee) (Entered: 10/28/2022) |
| 11/03/2022 | 197 | MOTION for Amendment to 135 Scheduling Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order [Proposed] Amended Scheduling Order)(Davis, James) Modified on 11/3/2022 to clarify the docket text (bes, ). (Entered: 11/03/2022) |
| 11/03/2022 | 198 | MOTION for Sanctions by Eagle Forum of Alabama, Southeast Law Institute. (Attachments: # 1 Exhibit A – Third Declaration of Margaret S. Clarke, # 2 Exhibit B – Second Declaration of Rebecca Gerritson, # 3 Exhibit C – Declaration of Eunie Smith, # 4 Exhibit D – Third Declaration of A. Eric Johnston, # 5 Exhibit E – Declaration of John M. Graham)(Graham, John) (Entered: 11/03/2022) |
| 11/08/2022 | 199 | FIRST AMENDED SCHEDULING ORDER: The Court GRANTS the parties’ 197 joint motion for extension of time and AMENDS the 135 scheduling order as follows: Discovery due by 6/9/2023, Dispositive & Daubert Motions due by 7/14/2023; The parties shall be ready for trial by October 2023; All other requirements of the initial Scheduling Order remain in effect, as further set out in order. Signed by Honorable Judge Liles C. Burke on 11/8/2022. (bes, ) (Entered: 11/08/2022) |
| 11/14/2022 | 200 | REPLY BRIEF re 157 MOTION for Judgment on the Pleadings of the United States (Doc. 92) filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 11/14/2022) |
| 11/23/2022 | 201 | RESPONSE in Opposition re 198 MOTION for Sanctions filed by United States of America. (Montag, Coty) (Entered: 11/23/2022) |
| 12/02/2022 | 202 | NOTICE of Appearance by Amie Murphy on behalf of United States of America (Murphy, Amie) (Entered: 12/02/2022) |
| 12/05/2022 | 203 | REPLY to Response to Motion re 198 MOTION for Sanctions filed by Eagle Forum of Alabama, Southeast Law Institute. (Graham, John) (Entered: 12/05/2022) |
| 12/12/2022 | 204 | Motion to Appear Pro Hac Vice for Attorney Roger G.Brooks ( Filing fee $ 75 receipt number AALMDC-3333950.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bowdre, Alexander) Modified on 12/12/2022 to reflect requesting attorney (bes, ). (Entered: 12/12/2022) |
| 12/12/2022 | ***PURSUANT TO THE 204 MOTION – Attorney Roger G. Brooks for Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere added. (No PDF attached to this entry) (bes, ) (Entered: 12/12/2022) | |
| 12/13/2022 | 205 | TEXT ORDER Setting a Hearing on the 198 MOTION for Sanctions; Motion Hearing set for 2/8/2023 at 09:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke. Signed by Honorable Judge Liles C. Burke on 12/13/2022. (No PDF attached to this entry) (Furn: Calendar, all CRDs)(bes, ) (Entered: 12/13/2022) |
| 12/21/2022 | 206 | ORDER granting 126 Motion to Withdraw for Attorney Gilbert Oladeinbo; ORDER granting 147 Motion to Withdraw for Attorney Eliza Dermody; The Court recognizes that there is an ongoing ethics inquiry with respect to all of plfs’ attorneys; The Court therefore RETAINS jurisdiction over Mr. Oladeinbo and Ms. Dermody for those purposes. Signed by Honorable Judge Liles C. Burke on 12/21/2022. (bes, ) (Entered: 12/21/2022) |
| 12/21/2022 | ***PURSUANT TO THE 206 ORDER – Attorney Eliza Dermody and Gilbert Olusegun Oladeinbo terminated as counsel. (No PDF attached to this entry) (bes, ) (Entered: 12/21/2022) | |
| 12/27/2022 | 207 | MOTION to Seal Portions of Declarations by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 12/28/2022 to change party name from Pediatric Endocrine Society to The Endocrine Society (bes, ). (Entered: 12/27/2022) |
| 12/27/2022 | 208 | MOTION to Quash Rule 45 Subpoenas by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Ragsdale, Barry) Modified on 12/28/2022 to correct filer from Pediatric Endocrine Society to The Endocrine Society (bes, ). (Entered: 12/27/2022) |
| 12/27/2022 | ***PURSUANT TO THE 207 MOTION – Attorney Yuval Mor, Dylan M. Silva for American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health added. (no pdf attached) (cwl, ) (Entered: 12/27/2022) | |
| 12/28/2022 | 209 | Motion to Appear Pro Hac Vice for Attorney Noah S. Goldberg ( Filing fee $ 75 receipt number AALMDC-3341363.) by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 12/28/2022 to reflect requesting Atty (bes, ). Modified on 12/28/2022 to reflect that Exhibit A – Certificate of Good Standing is contained within the main PDF(bes, ). (Entered: 12/28/2022) |
| 12/28/2022 | 210 | Motion to Appear Pro Hac Vice for Attorney Dylan M. Silva ( Filing fee $ 75 receipt number AALMDC-3341389.) by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 12/28/2022 to reflect requesting Atty (bes, ). Modified on 12/28/2022 to reflect that Exhibit A – Certificate of Good Standing is contained within the main PDF(bes, ). (Entered: 12/28/2022) |
| 12/28/2022 | ***PURSUANT TO THE 209 MOTION TO APPEAR PHV – Attorney Noah Shea Goldberg for American Academy of Pediatrics, The Endocrine Society, & World Professional Association for Transgender Health added. (No PDF attached to this entry) (bes, ) (Entered: 12/28/2022) | |
| 01/03/2023 | 211 | TEXT ORDER granting 204 Motion for Roger G. Brooks to Appear Pro Hac Vice, 209 Motion for Noah S. Goldberg to Appear Pro Hac Vice, & 210 Motion for Dylan M. Silva to to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 1/3/2023. (No PDF attached to this entry) (amf, ) (Entered: 01/03/2023) |
| 01/03/2023 | 212 | TEXT ORDER: A hearing on the motion to quash (Doc. 208 ) is SET for February 8, 2023; The hearing shall occur in Courtroom 2F immediately after the hearing on the motion for sanctions. Signed by Honorable Judge Liles C. Burke on 1/3/2023. (No PDF attached to this entry) (Furnished: Calendar & All CRDs)(amf, ) (Entered: 01/03/2023) |
| 01/03/2023 | 213 | TEXT ORDER: A telephone status conference is SET for tomorrow, January 4, 2023, at 11:15 a.m. CST; A member of the Court’s staff will send the parties the dial-in information before the conference begins. Signed by Honorable Judge Liles C. Burke on 1/3/2023. (No PDF attached to this entry) (Furnished: Calendar & All CRDs)(amf, ) (Entered: 01/03/2023) |
| 01/04/2023 | 214 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held by telephone on 1/4/2023 (PDF available for court use only). (Court Reporter N/A) (dh) (Entered: 01/04/2023) |
| 01/05/2023 | 215 | MOTION to Compel Production of Plaintiffs’ Medical Records by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Bowdre, Alexander) (Entered: 01/05/2023) |
| 01/06/2023 | 216 | SECOND UNIFORM SCHEDULING ORDER: the Court AMENDS the 199 first amended scheduling order as follows: Discovery due by 6/9/2023; Dispositive & Daubert Motions due by 7/14/2023; Non-Jury Trial set for 8/21/2023 at 09:00 AM in Montgomery, AL before Honorable Judge Liles C. Burke, as further set out in order. Signed by Honorable Judge Liles C. Burke on 1/6/2023. (Furn: Calendar, all CRDs) (bes, ) (Entered: 01/06/2023) |
| 01/09/2023 | 217 | TEXT ORDER: A hearing on 215 Defendants’ motion to compel is SET for 2/8/2023. The hearing shall occur in Courtroom 2F immediately after the hearing on Amici’s motion to quash. Signed by Honorable Judge Liles C. Burke on 1/9/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 01/09/2023) |
| 01/09/2023 | 218 | TEXT ORDER re-setting the Hearing on the 198 Motion for Sanctions; Motion Hearing is re-set for 2/8/2023 at 10:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke. Signed by Honorable Judge Liles C. Burke on 1/9/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 01/09/2023) |
| 01/17/2023 | 219 | RESPONSE to Motion re 208 MOTION to Quash Rule 45 Subpoenas filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Affidavit Declaration of Bowdre)(LaCour, Edmund) (Entered: 01/17/2023) |
| 01/17/2023 | 220 | MOTION in Limine by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 01/17/2023) |
| 01/19/2023 | 221 | Joint MOTION to Extend Rule 26 Expert Disclosure Deadline by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Steve Marshall, United States of America, Daryl D. Bailey, C. Wilson Baylock, Jessica Ventiere, Tom Anderson, Danny Carr. (Eagan, Melody) Modified on 1/19/2023 to clarify the docket text and to add intervenor-PLF & Listed DFTs as filers (bes, ). (Entered: 01/19/2023) |
| 01/20/2023 | 222 | Joint MOTION for Leave to File Excess Pages for Reply Brief by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) (Entered: 01/20/2023) |
| 01/23/2023 | 223 | TEXT ORDER: For good cause shown, the 222 motion for leave to file excess pages is GRANTED. Amici may file a reply brief not exceeding 20 pages. Signed by Honorable Judge Liles C. Burke on 1/23/2023. (No PDF attached to this entry) (bes, ) (Entered: 01/23/2023) |
| 01/23/2023 | 224 | TEXT ORDER: The Court will hear oral argument on Defendants’ 220 motion in limine at the upcoming discovery hearing on 2/8/2023. Signed by Honorable Judge Liles C. Burke on 1/23/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 01/23/2023) |
| 01/23/2023 | 225 | THIRD AMENDED SCHEDULING ORDER: the Court GRANTS the parties’ 221 joint motion and AMENDS the 216 second amended scheduling order as follows: Discovery due by 6/9/2023; Dispositive & Daubert Motions due by 7/14/2023; Non-Jury Trial set for 8/21/2023 at 09:00 AM in Montgomery, AL before Honorable Judge Liles C. Burke, as further set out in order. Signed by Honorable Judge Liles C. Burke on 1/23/2023. (Furn: Calendar, all CRDs) (bes, ) (Entered: 01/23/2023) |
| 01/23/2023 | 226 | Motion to Appear Pro Hac Vice for Attorney Rachel H. Berg ( Filing fee $ 75 receipt number AALMDC-3355098.) by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Attachments: # 1 Exhibit A)(Eagan, Melody) Modified on 1/23/2023 to reflect requesting Atty (bes, ). (Entered: 01/23/2023) |
| 01/23/2023 | ***PURSUANT TO THE 226 MOTION TO APPEAR PHV – Attorney Rachel H. Berg for Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe added. (No PDF attached to this entry) (bes, ) (Entered: 01/23/2023) | |
| 01/24/2023 | 227 | MOTION to Compel Production of PLF-Intervenor’s Records by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Affidavit Bowdre Declaration, # 2 Text of Proposed Order Proposed Order)(LaCour, Edmund) Modified on 1/24/2023 to clarify the docket text (bes, ). (Entered: 01/24/2023) |
| 01/24/2023 | 228 | MOTION for Hearing re 227 MOTION to Compel by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order Proposed Order)(LaCour, Edmund) (Entered: 01/24/2023) |
| 01/24/2023 | 229 | RESPONSE in Opposition re 228 MOTION for Hearing re 227 MOTION to Compel filed by United States of America. (Williams, Renee) (Entered: 01/24/2023) |
| 01/25/2023 | 230 | MOTION to Withdraw as Attorney for Plaintiffs by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Attachments: # 1 Text of Proposed Order)(Orr, Asaf) (Entered: 01/25/2023) |
| 01/26/2023 | 231 | TEXT ORDER: The Government shall respond to Defendants’ most-recent 227 motion to compel on or before 2/13/2023. Defendants may file a reply on or before 2/27/2023. Oral argument on the motion to compel is set for 3/8/2023, at 10:00 a.m. CST. The hearing shall occur in Courtroom 2F of the Frank M. Johnson Jr. United States Courthouse Complex. Finally, the Court denies Defendants’ 228 motion to the extent Defendants seek to present oral argument on the motion to compel at the 2/8/2023 hearing. Signed by Honorable Judge Liles C. Burke on 1/26/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 01/26/2023) |
| 01/26/2023 | 232 | RESPONSE to Motion re 215 MOTION to Compel Production of Plaintiffs’ Medical Records filed by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe. (Eagan, Melody) (Entered: 01/26/2023) |
| 01/26/2023 | 233 | TEXT ORDER granting 207 Motion to Seal Portions of Declarations filed with the 208 Motion to Quash Rule 45 Subpoenas. Signed by Honorable Judge Liles C. Burke on 1/26/2023. (No PDF attached to this entry) (bes, ) (Entered: 01/26/2023) |
| 01/27/2023 | 234 | TEXT ORDER granting 226 Motion for Leave to Appear Pro Hac Vice for Attorney Rachel H. Berg. Signed by Honorable Judge Liles C. Burke on 1/27/2023. (No PDF attached to this entry) (bes, ) (Entered: 01/27/2023) |
| 01/27/2023 | 235 | ORDER granting 230 Motion to Withdraw as Attorney for Attorney Asaf Orr; The Court recognizes that there is an ongoing ethics inquiry with respect to all of plfs’ attorneys; The Court therefore RETAINS jurisdiction over Mr. Orr for those purposes. Signed by Honorable Judge Liles C. Burke on 1/27/2023. (bes, ) (Entered: 01/27/2023) |
| 01/27/2023 | ***PURSUANT TO THE 235 ORDER – Attorney Asaf Orr terminated as counsel for PLFs. (No PDF attached to this entry) (bes, ) (Entered: 01/27/2023) | |
| 01/31/2023 | 236 | REPLY to Response to Motion re 208 MOTION to Quash Rule 45 Subpoenas filed by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Attachments: # 1 Affidavit Declaration of Cortlin H. Lannin, # 2 Exhibit Defendants’ Proposed Findings of Fact in Brandt v. Griffin, # 3 Exhibit Plaintiffs’ Proposed Findings of Fact in Brandt v. Griffin, # 4 Exhibit Order on Motion to Quash in In re Subpoenas Served on American Academy of Pediatrics, et al.)(Ragsdale, Barry) (Entered: 01/31/2023) |
| 02/01/2023 | 237 | NOTICE of Appearance by Praveen S. Krishna on behalf of United States of America (Krishna, Praveen) (Entered: 02/01/2023) |
| 02/01/2023 | 238 | Joint Motion for Entry of Stipulated ESI Production Protocol by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, United States of America, Steve Marshall, Daryl D. Bailey, C. Wilson Baylock, Jessica Ventiere, Tom Anderson, Danny Carr. (Attachments: # 1 Exhibit Exhibit A – Stipulated ESI Protocol)(Eagan, Melody) Modified on 2/1/2023 to clarify the docket text and to add USA and DFTs as joint filers (bes, ). (Entered: 02/01/2023) |
| 02/03/2023 | 239 | RESPONSE in Support re 215 MOTION to Compel Production of Plaintiffs’ Medical Records filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 02/03/2023) |
| 02/07/2023 | 240 | Joint NOTICE re 208 MOTION to Quash Rule 45 Subpoenas by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health, Steve Marshall, Daryl D. Bailey, C. Wilson Baylock, Jessica Ventiere, Tom Anderson, Danny Carr (Ragsdale, Barry) Modified on 2/7/2023 to add joint filers and clarify text (cwl, ). (Entered: 02/07/2023) |
| 02/07/2023 | 241 | Joint RESPONSE in Opposition re 220 MOTION in Limine (on behalf of the Private Plaintiffs and Plaintiff-Intervenor) filed by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, United States of America. (Eagan, Melody) Modified on 2/7/2023 to add joint filer (cwl, ). (Entered: 02/07/2023) |
| 02/08/2023 | 242 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Motion Hearing held on 2/8/2023 re 198 MOTION for Sanctions filed by Southeast Law Institute, Eagle Forum of Alabama, 208 MOTION to Quash Rule 45 Subpoenas filed by The Endocrine Society, World Professional Association for Transgender Health, American Academy of Pediatrics, 215 MOTION to Compel Production of Plaintiffs’ Medical Records filed by Jessica Ventiere, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, 220 MOTION in Limine filed by Jessica Ventiere, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr (PDF available for court use only). (Court Reporter Christina Decker.) (kr, ) (Entered: 02/08/2023) |
| 02/09/2023 | 243 | TEXT ORDER cancelling the Telephone Status Conference that was previously set for 2/13/2023. Signed by Honorable Judge Liles C. Burke on 2/9/2023. (Furn: Calendar, all CRDs) (Term: Status Conference set for 02/13/2023) (No PDF attached to this entry) (bes, ) (Entered: 02/09/2023) |
| 02/10/2023 | 244 | TEXT ORDER: The Court RESETS the upcoming hearing, currently set for 3/8/2023, to 3/21/2023. The time and location of the hearing remain the same. As a reminder, the parties should be prepared to argue Defendants’ 171 motion for judgment on the pleadings, Defendants’ 227 motion to compel, and, if necessary, Defendants’ 220 motion in limine. Signed by Honorable Judge Liles C. Burke on 2/10/2023. (Furn: Calendar, all CRDs) (Term: Oral Argument set for 03/08/2023) (No PDF attached to this entry) (bes, ) (Entered: 02/10/2023) |
| 02/10/2023 | 245 | ORDER granting 238 Joint Motion for Entry of Stipulated ESI Production Protocol, as further set out in order. Signed by Honorable Judge Liles C. Burke on 2/10/2023. (bes, ) (Entered: 02/10/2023) |
| 02/10/2023 | 246 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing: (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 02/08/2023, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/3/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/11/2023. (tha, ) (Entered: 02/13/2023) |
| 02/13/2023 | 247 | RESPONSE in Opposition re 227 MOTION to Compel Production of Plaintiff-Intervenor’s Records filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Murphy, Amie) (Entered: 02/13/2023) |
| 02/13/2023 | 248 | Motion to Appear Pro Hac Vice for Attorney Yuval Mor ( Filing fee $ 75 receipt number BALMDC-3369006.) by American Academy of Pediatrics, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) Modified on 2/13/2023 to reflect requesting Atty (bes, ). (Entered: 02/13/2023) |
| 02/14/2023 | 249 | TEXT ORDER granting 248 Motion for Leave to Appear Pro Hac Vice for Attorney Yuval Mor. Signed by Honorable Judge Liles C. Burke on 2/14/2023. (No PDF attached to this entry) (bes, ) (Entered: 02/14/2023) |
| 02/20/2023 | 250 | MOTION to Compel Plaintiff-Intervenor to Answer Interrogatories by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Affidavit)(Bowdre, Alexander) (Entered: 02/20/2023) |
| 02/27/2023 | 251 | TEXT ORDER: The Court shall hear oral argument on Defendants’ 250 motion to compel at the hearing set for 3/21/2023. Signed by Honorable Judge Liles C. Burke on 2/27/2023. (No PDF attached to this entry) (bes, ) (Entered: 02/27/2023) |
| 02/27/2023 | 252 | RESPONSE in Support re 227 MOTION to Compel filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 02/27/2023) |
| 03/13/2023 | 253 | MOTION to Withdraw as Attorney for Attorney Thomas A. Wilson by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Wilson, Thomas) Modified on 3/13/2023 to reflect requesting atty (bes, ). (Entered: 03/13/2023) |
| 03/13/2023 | 254 | RESPONSE in Opposition re 250 MOTION to Compel Plaintiff-Intervenor to Answer Interrogatories filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Williams, Renee) (Entered: 03/13/2023) |
| 03/15/2023 | 255 | NOTICE by World Professional Association for Transgender Health re 208 MOTION to Quash Rule 45 Subpoenas (Attachments: # 1 Exhibit Declaration of Cortlin H. Lannin, # 2 Exhibit Exhibit 1 to Declaration of Cortlin H. Lannin, # 3 Exhibit Exhibit 2 to Declaration of Cortlin H. Lannin)(Ragsdale, Barry) (Entered: 03/15/2023) |
| 03/16/2023 | 256 | RESPONSE in Support re 250 MOTION to Compel Plaintiff-Intervenor to Answer Interrogatories filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 03/16/2023) |
| 03/17/2023 | 257 | (DISREGARD, INCORRECT CIVIL EVENT SELECTED DURING E-FILING) NOTICE by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere re 255 Notice (Other), of Defendants’ Response to WPATH’s Notice Regarding WPATH’s Motion to Quash (LaCour, Edmund) Modified on 3/17/2023 (bes, ). (Entered: 03/17/2023) |
| 03/17/2023 | RESPONSE to 255 Notice regarding the Motion to Quash by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (No PDF attached to this entry – see doc 257 for PDF – incorrect civil event selected during e-filing) (bes, ) (Entered: 03/17/2023) | |
| 03/17/2023 | 258 | TEXT ORDER: The Court ORDERS WPATH to appear at the hearing set for 3/21/2023. Signed by Honorable Judge Liles C. Burke on 3/17/2023. (No PDF attached to this entry) (bes, ) (Entered: 03/17/2023) |
| 03/21/2023 | 265 | Minute Entry for Oral Argument held before Honorable Judge Liles C. Burke on 3/21/2023 (PDF available for court use only). (Court Reporter Christine Decker.) (cb, ) (Entered: 03/27/2023) |
| 03/22/2023 | 259 | TEXT ORDER: For good cause shown, Defendants’ 253 motion to withdraw is GRANTED. The Clerk of Court is DIRECTED to terminate Mr. Thomas A. Wilson as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 3/22/2023. (No PDF attached to this entry) (bes, ) (Entered: 03/22/2023) |
| 03/22/2023 | ***PURSUANT TO THE 259 TEXT ORDER – Attorney Thomas Alexander Wilson terminated. (No PDF attached to this entry) (bes, ) (Entered: 03/22/2023) | |
| 03/27/2023 | 260 | ORDER: the Defendants’ Motion to Compel Production of Plaintiffs’ Medical Records (Doc. 215 ) is GRANTED IN PART AND DENIED IN PART. The motion is denied insofar as it seeks production of records of individuals who are not parties to this litigation. In all other respects, the motion is granted, as further set out in order. Signed by Honorable Judge Liles C. Burke on 3/27/2023. (cwl, ) (Entered: 03/27/2023) |
| 03/27/2023 | 261 | ORDER: Defendants’ motion to compel (Doc. 227 ) is DENIED with respect to RFP 6 and GRANTED in all other respects. Signed by Honorable Judge Liles C. Burke on 3/27/2023. (cwl, ) (Entered: 03/27/2023) |
| 03/27/2023 | 262 | ORDER: Defendants’ motion to compel (Doc. 250 ) is DENIED with respect to Interrogatory 14 and GRANTED in all other respects. Signed by Honorable Judge Liles C. Burke on 3/27/2023. (cwl, ) (Entered: 03/27/2023) |
| 03/27/2023 | 263 | OPINION & ORDER: WPATH’s motion to quash (Doc. 208 ) is accordingly DENIED on its merits, and Defendants’ motion in limine (Doc. 220 ) is DENIED as moot. Signed by Honorable Judge Liles C. Burke on 3/27/2023. (cwl, ) (Entered: 03/27/2023) |
| 03/27/2023 | 264 | ORDER: The nonparties now move for sanctions against the Government under Federal Rule of Civil Procedure 45(d)(1). Upon consideration of the record as a whole and the arguments made in open court on February 8, 2023, the Court postpones ruling on the motion for sanctions pending trial, while continuing to monitor the behavior of the parties. Signed by Honorable Judge Liles C. Burke on 3/27/2023. (cwl, ) (Entered: 03/27/2023) |
| 03/28/2023 | 266 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument on the Motions Hearings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 03/21/2023, before Judge Lilies C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 4/18/2023. Redacted Transcript Deadline set for 4/28/2023. Release of Transcript Restriction set for 6/26/2023. (bes, ) (Entered: 03/28/2023) |
| 03/31/2023 | 267 | TEXT ORDER: pursuant to the court’s 94 PROCEDURAL ORDERS & STATUS OF FORTHCOMING OPINION, the 60 MOTION for Leave to File Excess Pages is GRANTED. Signed by Honorable Judge Liles C. Burke on 3/31/2023. (No PDF attached to this entry) (bes, ) (Entered: 03/31/2023) |
| 04/05/2023 | 268 | Joint MOTION to Modify 225 Third Amended Scheduling Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Steve Marshall, Jessica Ventiere, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Heather Austin, Danny Carr. (Attachments: # 1 Text of Proposed Order)(Bowdre, Alexander) Modified on 4/5/2023 to clarify the docket text and add remaining joint filers (bes, ). (Entered: 04/05/2023) |
| 04/05/2023 | 269 | Motion to Appear Pro Hac Vice for Attorney Henry W. Frampton, IV ( Filing fee $ 75 receipt number AALMDC-3409382.) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bowdre, Alexander) Modified on 4/5/2023 to reflect requesting Atty (bes, ). (Entered: 04/05/2023) |
| 04/05/2023 | ***PURSUANT TO THE 269 MOTION TO APPEAR PHV – Attorney Henry W. Frampton for all DFTs added. (No PDF attached to this entry) (bes, ) (Entered: 04/05/2023) | |
| 04/06/2023 | 270 | FOURTH AMENDED SCHEDULING ORDER: For good cause shown under FRCP 16(b)(4), the Court GRANTS the parties’ 268 joint motion and AMENDS the 255 third amended scheduling order as follows: Discovery due by 6/30/2023; Dispositive Motions due by 7/14/2023; Trial is scheduled to begin on 8/21/2023, at 9:00 AM CDT; The trial shall occur at the Frank M. Johnson Jr. United States Courthouse in Montgomery, AL; All other requirements of the initial Scheduling Order remain in effect. Signed by Honorable Judge Liles C. Burke on 4/6/2023. (furn: Calendar, all CRDs) (bes, ) (Entered: 04/06/2023) |
| 04/07/2023 | 271 | MOTION to Certify 263 Opinion and Order for Interlocutory Appeal by World Professional Association for Transgender Health. (Attachments: # 1 Affidavit Lannin Declaration, # 2 Text of Proposed Order)(Goldberg, Noah) Modified on 4/10/2023 to reflect actual title and create link. (dmn, ) (Entered: 04/07/2023) |
| 04/07/2023 | 272 | MOTION for Limited Stay of Discovery Order Pending Appeal re 271 MOTION to Certify 263 Opinion and Order for Interlocutory Appeal by World Professional Association for Transgender Health. (Attachments: # 1 Text of Proposed Order)(Goldberg, Noah) Modified on 4/10/2023 to clean up text and create link. (dmn, ) (Entered: 04/07/2023) |
| 04/10/2023 | 273 | TEXT ORDER requiring Defendants to respond to Docs. 271 Motion and 272 Motion by no later than tomorrow. Signed by Honorable Judge Liles C. Burke on 4/10/2023. Furnished Appeals Clerk. (dmn, ) (no pdf) (Entered: 04/10/2023) |
| 04/10/2023 | 274 | TEXT ORDER granting 269 Motion for Attorney Henry W. Frampton, IV to Appear Pro Hac Vice. Signed by Honorable Judge Liles C. Burke on 4/10/2023. (dmn, ) (no pdf) (Entered: 04/10/2023) |
| 04/11/2023 | 275 | NOTICE of Appearance by Charles Arthur McKay on behalf of All Defendants (McKay, Charles) (Entered: 04/11/2023) |
| 04/11/2023 | 276 | BRIEF/MEMORANDUM in Opposition re 271 MOTION to Certify 263 Opinion and Order for Interlocutory Appeal , 272 MOTION for Limited Stay of Discovery Order Pending Appeal re 271 MOTION to Certify 263 Opinion and Oder for Interlocutory Appeal filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 04/11/2023) |
| 04/17/2023 | 277 | NOTICE of Appearance by Bethany C. Lee on behalf of Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere (Lee, Bethany) (Entered: 04/17/2023) |
| 04/17/2023 | 278 | ORDER denying 171 Motion for Partial Judgment on the Pleadings. Signed by Honorable Judge Liles C. Burke on 4/17/2023. (bes, ) (Entered: 04/17/2023) |
| 05/10/2023 | 279 | MOTION to Amend 270 Amended Scheduling Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order Proposed Fifth Amended Scheduling Order)(LaCour, Edmund) Modified on 5/11/2023 to clarify the docket text (bes, ). (Entered: 05/10/2023) |
| 05/12/2023 | 280 | RESPONSE to Motion re 279 MOTION to Modify re 270 Terminate Motions,,, Terminate Deadlines and Hearings,,, Scheduling Order,, filed by World Professional Association for Transgender Health. (Ragsdale, Barry) (Entered: 05/12/2023) |
| 05/15/2023 | 281 | OPINION & ORDER: WPATH fails to show that the Court’s previous decision is subject to interlocutory appeal under 28 U.S.C. 1292(b). Accordingly, the Court DENIES WPATH’s motion to certify (Doc. 271 ) on the merits and DENIES WPATH’s motion to stay (Doc. 272 ) as moot. Signed by Honorable Judge Liles C. Burke on 5/15/2023. (furn: Appeals Clerk)(cwl, ) Modified on 6/29/2023 to include interlocutory appeal text. (dmn, ) (Entered: 05/15/2023) |
| 05/16/2023 | 282 | TEXT ORDER Setting Hearing on 279 MOTION to Amend; In-Person Motion Hearing set for 5/22/2023 at 10:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke; Counsel for all parties and counsel for WPATH shall be present at the hearing. Signed by Honorable Judge Liles C. Burke on 5/16/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 05/16/2023) |
| 05/16/2023 | 283 | RESPONSE to Motion re 279 MOTION to Amend the 270 Amended Scheduling Order filed by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe. (Eagan, Melody) Modified on 5/16/2023 to clarify the docket text (bes, ). (Entered: 05/16/2023) |
| 05/19/2023 | 284 | Memorandum of Law in RESPONSE to 279 MOTION to Amend 270 Amended Scheduling Order filed by United States of America. (Montag, Coty) Modified on 5/22/2023 to clarify the docket text (bes, ). (Entered: 05/19/2023) |
| 05/21/2023 | 285 | REPLY BRIEF in Support of 279 MOTION to Amend 270 Amended Scheduling Order filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Email Correspondence re: HHS Search Terms)(Bowdre, Alexander) Modified on 5/22/2023 to clarify the docket text (bes, ). (Entered: 05/21/2023) |
| 05/22/2023 | 286 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Motion Hearing held on 5/22/2023 re 279 MOTION to Modify Scheduling Order (PDF available for court use only, Court Reporter Christina Decker, (256) 551-2537, Christina_Decker@alnd.uscourts.gov ). (war, ) (Entered: 05/22/2023) |
| 05/25/2023 | 287 | TEXT ORDER: For good cause shown in accordance with Federal Rule of Civil Procedure 16(b)(4), Defendants’ 279 motion to amend the scheduling order is GRANTED. On or before 5/29/2023, the parties shall submit a joint proposed fifth amended scheduling order. Finally, an in-person status conference is set for 6/26/2023, at 10:00 a.m. CDT. The hearing shall occur in Courtroom 2F of the Frank M. Johnson Jr. United States Courthouse complex. Signed by Honorable Judge Liles C. Burke on 5/25/2023. (Furn: Calendar, all CRDs) (No PDF attached to this entry) (bes, ) (Entered: 05/25/2023) |
| 05/26/2023 | 288 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 05/22/2023, before Judge Lilies C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/16/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/24/2023. (bes, ) (Entered: 05/26/2023) |
| 05/26/2023 | 289 | NOTICE Regarding Mandamus Petition by World Professional Association for Transgender Health re 263 Order denying WPATH’s Motion to Quash Rule 45 Subpoena and requests that the Eleventh Circuit act on the petition by 6/16/2023. (Attachments: # 1 Petition for Writ of Mandamus, # 2 Exhibit A – RFP List)(Lannin, Cortlin) Modified on 5/30/2023 to clarify text (bes, ). Modified on 6/29/2023 to create link and include additional text. (dmn, ) (Entered: 05/26/2023) |
| 05/29/2023 | 290 | Joint MOTION to Amend 270 Scheduling Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere, Brianna Boe, Megan Poe, Kathy Noe, Rachel Koe, Rebecca Roe, Heather Austin, Robert Moe, United States of America. (Attachments: # 1 Text of Proposed Order Joint Proposed Fifth Amended Scheduling Order)(Bowdre, Alexander) Modified on 5/30/2023 to clarify text and add PLFs as filers (bes, ). (Entered: 05/29/2023) |
| 05/30/2023 | 291 | USCA Case Number 23-11753-J for Petition for WRIT of MANDAMUS filed by Petitioner World Professional Association for Transgender Health. Served 5/26/2023. Fee Status: Fee Paid. (dmn, ) (Entered: 05/31/2023) |
| 06/06/2023 | 292 | FIFTH AMENDED SCHEDULING ORDER: the Court GRANTS the parties’ 290 joint motion and AMENDS the 270 fourth amended scheduling order as follows: Discovery due by 2/2/2024; Dispositive Motions due by 2/16/2024; Non-Jury Trial set for 4/2/2024 at 09:00 AM in Montgomery, AL before Honorable Judge Liles C. Burke, as further set out in order. Signed by Honorable Judge Liles C. Burke on 6/6/2023. (Furn: Calendar, all CRDs) (Term: Non-Jury Trial set for 08/21/2023)(bes, ) Modified on 10/30/2023 to correct the docket text to include the court’s ruling on the 290 joint motion (WCL). (Entered: 06/06/2023) |
| 06/21/2023 | 293 | NOTICE Regarding Discovery Schedule by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere (Attachments: # 1 Exhibit Email Exchange)(Bowdre, Alexander) Modified on 6/22/2023 to clarify text (bes, ). (Entered: 06/21/2023) |
| 06/23/2023 | 294 | Response to 293 Notice Regarding Discovery Schedule by United States of America. (Attachments: # 1 Exhibit FOIA Request)(Montag, Coty) Modified on 6/26/2023 to clarify text (bes, ). (Entered: 06/23/2023) |
| 06/23/2023 | 295 | NOTICE re 293 Discovery Schedule by World Professional Association for Transgender Health. (Lannin, Cortlin) Modified on 6/26/2023 to clarify text (bes, ). (Entered: 06/23/2023) |
| 06/26/2023 | 296 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held on 6/26/2023 (PDF available for court use only). (Court Reporter Christina Decker, (256)551-2537, Christina_Decker@alnd.uscourts.gov.) (kcf, ) (Entered: 06/26/2023) |
| 06/28/2023 | 297 | ORDER: On or before 7/10/2023, WPATH shall comply with all previous discovery requests and discovery orders; Should WPATH fail to do so, Dfts may move for sanctions without further order of this Court. Signed by Honorable Judge Liles C. Burke on 6/28/2023. (bes, ) (Entered: 06/28/2023) |
| 06/29/2023 | 298 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/26/2023, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/20/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/27/2023. (bes, ) (Entered: 06/29/2023) |
| 06/30/2023 | 299 | USCA COURT ORDER FILED DENIED MANDAMUS WITH COUNSEL as to In re: World Professional Association for Transgender Health on Petition for Writ of Mandamus to the USDC/MDAL D.C. Docket No. 2:22-cv-00184-LCB-CWB, 11th Circuit Appeal No. 23-11753-J: Motion for writ of mandamus filed by Petitioner World Professional Association for Transgender Health is DENIED. Motion to Stay lower court proceedings filed by Petitioner World Professional Association for Transgender Health is DENIED as MOOT. (dmn, ) (Entered: 06/30/2023) |
| 07/18/2023 | 300 | Joint MOTION to Amend 137 Order & 138 Protective Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere, & all parties. (Attachments: # 1 Text of Proposed Order)(Bowdre, Alexander) Modified on 7/19/2023 to add joint filers (am, ). (Entered: 07/18/2023) |
| 07/24/2023 | 301 | ORDER: the Court GRANTS the 300 motion and AMENDS the 137 stipulated protective order and 138 stipulated HIPPA qualified protective order, as further set out in Order. Signed by Honorable Judge Liles C. Burke on 7/24/2023. (am, ) (Entered: 07/24/2023) |
| 07/31/2023 | 302 | MOTION to Compel Designation of One Additional HHS Custodian by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit A – Email Correspondence, # 2 Exhibit B – Proposed Custodians v.1, # 3 Exhibit C – Proposed Custodians v.2, # 4 Exhibit D – FOIA Request)(Bowdre, Alexander) (Entered: 07/31/2023) |
| 08/02/2023 | 303 | MOTION to Withdraw as Attorney Elizabeth Baia by Academic Pediatric Association, Alabama Chapter of the American Academy of Pediatrics, American Academy of Child and Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, American Psychiatric Association, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, The Endocrine Society, World Professional Association for Transgender Health. (Ragsdale, Barry) (Entered: 08/02/2023) |
| 08/07/2023 | 304 | TEXT ORDER: GRANTING the 303 Motion to Withdraw Elizabeth Baia as Attorney. Signed by Honorable Judge Liles C. Burke on 8/7/2023. (NO PDF attached to this entry) (am, ) (Entered: 08/07/2023) |
| 08/07/2023 | *** Attorney Elizabeth Baia terminated, pursuant to the 304 Order. (NO PDF attached to this entry) (am, ) (Entered: 08/07/2023) | |
| 08/14/2023 | 305 | MOTION for Bethany C. Lee to Withdraw as Counsel by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Lee, Bethany) Modified on 8/14/2023 to add attorney’s name (amf, ). (Entered: 08/14/2023) |
| 08/18/2023 | 306 | TEXT ORDER granting 305 Motion for Bethany C. Lee to Withdraw as Counsel for Appellees. Signed by Honorable Judge Liles C. Burke on 8/18/2023. Furnished Appeals Clerk. (dmn, ) (no pdf) (Entered: 08/18/2023) |
| 08/18/2023 | *** Attorney Bethany C. Lee terminated pursuant to Text Order DE 306 . (dmn, ) (Entered: 08/18/2023) | |
| 08/21/2023 | 307 | RESPONSE in Opposition re 302 MOTION to Compel Designation of One Additional HHS Custodian filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Murphy, Amie) (Entered: 08/21/2023) |
| 08/21/2023 | 308 | USCA SIGNED Opinion on 11th Circuit Appeal No. 22-11707-JJ as to Appellant Attorney General, State of Alabama, et al. Decision: VACATED. On review, we hold that the district court abused its discretion in issuing this preliminary injunction because it applied the wrong standard of scrutiny. Because the district court erred by reviewing the statute under a heightened standard of scrutiny, its determination that the plaintiffs have established a substantial likelihood of success on the merits cannot stand. We therefore vacate the preliminary injunction on the enforcement of section 4(a)(1)-(3) of the Act. BRASHER, Circuit Judge, concurring. Opinion type: Published. The opinion is also available through the Court’s Opinions page at this link http://www.ca11.uscourts.gov/opinions.Pursuant to FRAP 39, costs taxed against appellees. (dmn, ) (Entered: 08/23/2023) |
| 08/25/2023 | 309 | REPLY BRIEF re 302 MOTION to Compel Designation of One Additional HHS Custodian filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 08/25/2023) |
| 08/30/2023 | 310 | [STRICKEN FILED IN ERROR IN WRONG COURT, INTENDED TO FILE WITH ELEVENTH CIRCUIT COURT OF APPEALS.] BILL OF COSTS by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Davis, James) Modified on 8/30/2023 (dmn, ). (Main Document 310 replaced on 8/30/2023) (dmn, ). (Entered: 08/30/2023) |
| 08/30/2023 | 311 | NOTICE of Document Stricken From The Record re 310 Bill of Costs. The referenced document filed on 8/30/2023 was filed erroneously in wrong court. The bill of costs was intended to be filed with Eleventh Circuit Court of Appeals. Therefore, Doc. 310 Bill of Costs, is hereby STRICKEN from the record and the parties are instructed to disregard the entry of this pleading on the court docket. (dmn, ) (Entered: 08/30/2023) |
| 08/30/2023 | 312 | USCA CORRECTED SIGNED Opinion w/ ERRATA (Judge Brasher’s concurring opinion in 308 USCA Signed Opinion has been changed as further set out in the Errata) received from USCA on 11th Circuit Appeal No. 22-11707-JJ as to Appellant Attorney General, State of Alabama, et al. Decision: VACATED. On review, we hold that the district court abused its discretion in issuing this preliminary injunction because it applied the wrong standard of scrutiny. Because the district court erred by reviewing the statute under a heightened standard of scrutiny, its determination that the plaintiffs have established a substantial likelihood of success on the merits cannot stand. We therefore vacate the preliminary injunction on the enforcement of section 4(a)(1)-(3) of the Act. BRASHER, Circuit Judge, concurring. Opinion type: Published. The opinion is also available through the Court’s Opinions page at this link http://www.ca11.uscourts.gov/opinions. Pursuant to FRAP, costs taxed against appellees. (dmn, ) (Entered: 08/30/2023) |
| 09/06/2023 | 313 | Time-Sensitive MOTION to Stay 107 Preliminary Injucntion Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) Modified on 9/6/2023 to remove incorrect linkage & clarify text (am, ). (Entered: 09/06/2023) |
| 09/15/2023 | 314 | USCA Court ORDER Filed USCA Clerk is Directed Mandate Withheld as to 108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707: A judge of this court withholds issuance of the mandate in this appeal. ENTERED FOR THE COURT BY DIRECTION. (dmn, ) (Entered: 09/15/2023) |
| 09/18/2023 | 315 | NOTICE Regarding the Status of Discovery by HHS by United States of America (Toyama, Kaitlin) (Entered: 09/18/2023) |
| 09/22/2023 | 316 | RESPONSE to 313 MOTION to Stay re 107 Order filed by Heather Austin, Brianna Boe, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe. (Eagan, Melody) Modified on 9/25/2023 to clarify text (am, ). (Entered: 09/22/2023) |
| 09/28/2023 | 317 | Reply in Support of 313 MOTION to Stay filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) Modified on 9/28/2023 to clarify text (am, ). (Entered: 09/28/2023) |
| 10/04/2023 | 318 | ORDER. Signed by Honorable Judge Liles C. Burke on 10/4/2023. (am, ) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/04/2023) |
| 10/04/2023 | 319 | Emergency MOTION to Stay Dissemination of Sealed Final Report by James D. Esseks, Carl Solomon Charles, LaTisha Gotell Faulks. (Vance, Robert) (Entered: 10/04/2023) |
| 10/04/2023 | 320 | ORDER re 319 Emergency Motion. Signed by Honorable Judge Liles C. Burke on 10/4/2023. (dmn, ) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/04/2023) |
| 10/05/2023 | 321 | MEMORANDUM in Support of 319 Emergency MOTION to Stay Dissemination of Final Report filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (am, ) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/05/2023) |
| 10/05/2023 | 322 | MOTION for Hearing by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 10/05/2023) |
| 10/10/2023 | 325 | (SEALED) – pursuant to 452 Text Order – ***Notice of Supplemental Authority 302 MOTION to Compel Designation of One Additional HHS Custodian, filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (am, ) (Additional attachment(s) added on 10/13/2023: # 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-) (am, ). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). Modified on 3/19/2024 to reseal (GGN). (Entered: 10/13/2023) |
| 10/11/2023 | 323 | MOTION to Withdraw as Attorney (Lane H. Woodke & R. Cooper Pickren) by United States of America. (Cheek, Jason) (Entered: 10/11/2023) |
| 10/11/2023 | 324 | ORDER. Signed by Honorable Judge Liles C. Burke on 10/11/2023. (Furnished: Calendar, DH, LW)(am, ) (Main Document 324 replaced on 10/11/2023) (dmn, ). Modified on 10/11/2023 to correct date. (dmn, ) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/11/2023) |
| 10/16/2023 | 326 | TEXT ORDER: For good cause shown, the United States of America’s 323 Motion to Withdraw as Attorney is GRANTED. The Clerk of Court is DIRECTED to terminate Lane H. Woodke & Cooper Pickren as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 10/16/2023. (dmn, ) (no pdf) (Entered: 10/16/2023) |
| 10/16/2023 | *** Attorney Robert C. Pickren and Lane Hines Woodke terminated pursuant to 326 Text Order. (dmn, ) (Entered: 10/16/2023) | |
| 10/16/2023 | 327 | BRIEF in Support of 319 Emergency MOTION to Stay, filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (am, ) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/17/2023) |
| 10/23/2023 | ***Pursuant to the 328 Motion – Attorney Warren Neil Eggleston, Eugene F. Assaf, Byron Pacheco for Carl Solomon Charles, James Esseks, & LaTisha Gotell Faulks added. (NO PDF attached to this entry) (am, ) (Entered: 10/24/2023) | |
| 10/23/2023 | 328 | (Unsealed pursuant to Court’s 340 Order) MOTION to Stay Proceedings Relating to In Re Vague, et al., by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Furnished: Appeals) (am, ) (Additional attachment(s) added on 10/24/2023: # 1 Exhibit A) (am, ). Modified on 10/27/2023 (WCL). (Entered: 10/24/2023) |
| 10/24/2023 | 329 | (Unsealed pursuant to Court’s 340 Order) MOTION to Stay Proceedings relating to In re Vague, et al pending appeal by Michael B. Shortnacy. (Attachments: # 1 Exhibit A, Notice of Appeal) Furnished Appeals Clerk.(dmn, ) Modified on 10/27/2023 (WCL). (Entered: 10/24/2023) |
| 10/25/2023 | 330 | BRIEF/MEMORANDUM in Opposition re 325 BRIEF/MEMORANDUM in Support,, filed by United States of America. (Murphy, Amie) (Entered: 10/25/2023) |
| 10/25/2023 | 331 | (Unsealed pursuant to Court’s 340 Order) Joinder in 319 Motion, 321 Memorandum, and 327 Brief Submitted by Carl Solomon Charles, James D. Esseks, and Latisha Gotell Faulks filed by Jeffrey P. Doss, Melody H. Eagan. (am, ) Modified on 10/27/2023 (WCL). (Entered: 10/26/2023) |
| 10/25/2023 | 332 | (Unsealed pursuant to Court’s 340 Order) MOTION to Stay Proceeding Relating to In Re Vague, et al. by Jeffrey P. Doss, Melody H. Eagan. (am, ) Modified on 10/27/2023 (WCL). (Entered: 10/26/2023) |
| 10/26/2023 | 333 | (Unsealed pursuant to Court’s 340 Order) Joinder to 319 Emergency Motion to Stay Dissemination of Sealed Final Report and Supporting Memorandum and Brief filed by Michael B. Shortnacy. (am, ) Modified on 10/27/2023 (WCL). (Entered: 10/26/2023) |
| 10/26/2023 | 336 | Response to 319 Motion, 329 Motion and 332 Motion. (WCL) (pursuant to the 368 Order) (am, ). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/27/2023) |
| 10/27/2023 | 334 | MOTION for Leave to File Under Seal “Sealed Joinder of Asaf Orr and Scott D. McCoy in the Motion to Stay Proceedings Relating to In Re Vague, et al., Submitted by Melody H. Eagan and Jeffrey P. Doss by Scott D. McCoy, Asaf Orr. (Attachments: # 1 Proposed Order)(Segall, Robert) Modified on 10/31/2023 to clarify text (am, ). (Entered: 10/27/2023) |
| 10/27/2023 | 335 | MOTION for Leave to File Under Seal Response to 319 , 329 , and 332 Motions by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) Modified on 10/31/2023 to clarify text(am, ). (Entered: 10/27/2023) |
| 10/27/2023 | 337 | Joinder. (WCL) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 10/27/2023) |
| 10/27/2023 | 338 | ORDER DIRECTING the Clerk of Court to file under seal the panel’s Final Report of Inquiry, In re Vague, 2:22-mc-3977-WKW (Doc. 70), on this docket. Signed by Honorable Judge Liles C. Burke on 10/27/2023. (WCL) (Entered: 10/27/2023) |
| 10/27/2023 | 339 | FINAL REPORT OF INQUIRY filed in 2:22-mc-3977 (Doc # 70), docketed pursuant to the Court’s 338 Order. (WCL) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). Modified on 3/19/2024 (AM). (Entered: 10/27/2023) |
| 10/27/2023 | 340 | ORDER: The Clerk of Court is hereby DIRECTED to unseal James Esseks, Carl Charles, and LaTisha Faulk’s 328 Motion to Stay Proceedings Relating to In re Vague; Michael Shortnacy’s 329 Motion to Stay Proceedings Relating to In re Vague, et al.; Melody H. Eagan and Jeffrey P. Doss’s 331 Sealed Joinder in Motion, Memorandum, and Brief Submitted by Carl Solomon Charles, James D. Esseks, and Latisha Gotell Faulks; Eagan and Doss’s 332 Sealed Motion to Stay Proceedings Related to In re Vague; and Shortnacy’s 333 Sealed Joinder to Emergency Motion to Stay Dissemination of Sealed Final Report and Supporting Memorandum and Brief. The Clerk of Court is further DIRECTED to serve these filings on all parties to this lawsuit immediately. Nothing in this order should be construed to change the confidential status of the three-judge panel’s Final Report of Inquiry. That filing remains under seal and may not be disseminated by any party or attorney unless and until the Court orders otherwise. Signed by Honorable Judge Liles C. Burke on 10/27/2023. (WCL) (Entered: 10/27/2023) |
| 10/30/2023 | 341 | AMENDED MOTION for Leave to File Unredacted Response re: 335 , 319 , & 329 Motions by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Defs’ Redacted Response to Stay Motions, # 2 Text of Proposed Order)(Bowdre, Alexander) Modified on 10/31/2023 to clarify text (am, ). (Entered: 10/30/2023) |
| 10/31/2023 | 342 | NOTICE of Appearance by Max Lewis Meyers on behalf of United States of America (Meyers, Max) (Entered: 10/31/2023) |
| 10/31/2023 | 343 | NOTICE of Appearance by Shannon Lynn Holliday on behalf of Scott D. McCoy, Asaf Orr (Holliday, Shannon) (Main Document 343 replaced on 11/1/2023 to correct main pdf previously attached by e-filer) (am, ). (Entered: 10/31/2023) |
| 10/31/2023 | 344 | NOTICE of Appearance by Robert David Segall on behalf of Shannon Minter, Jennifer L. Levi (Segall, Robert) (Entered: 10/31/2023) |
| 10/31/2023 | 345 | NOTICE of Appearance by Shannon Lynn Holliday on behalf of Jennifer L. Levi, Shannon Minter (Holliday, Shannon) (Entered: 10/31/2023) |
| 10/31/2023 | 346 | MOTION TO TAKE JUDICIAL NOTICE by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 10/31/2023) |
| 11/01/2023 | 347 | NOTICE of Correction re 343 Notice of Appearance to correct main pdf previously attached by e-filer. (Attachments: # 1 Corrected Main Document 343 )(am, ) (Entered: 11/01/2023) |
| 11/01/2023 | 348 | TEXT ORDER: The hearing set for 11/2/2023 at 10:00 a.m. in Courtroom 2E is hereby reset for the same time in Courtroom 2F. Signed by Honorable Judge Liles C. Burke on 11/1/2023. (furn: calendar, dh, lfw) (No pdf attached) (WCL) (Entered: 11/01/2023) |
| 11/02/2023 | 351 | ORAL MOTION to Continue Trial by Alexander Barrett Bowdre as to Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (ww) (Entered: 11/04/2023) |
| 11/02/2023 | 352 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Evidentiary Hearing held on 11/2/2023 (PDF available for court use only). (Recording Time 10:16 – 2:10.; Court Reporter Christina Decker, (256)551-2537, Christina_Decker@alnd.uscourts.gov.) (ww) (Entered: 11/06/2023) |
| 11/03/2023 | 349 | TEXT ORDER: The parties in this case and counsel for respondents in the matter of In re Vague, 2:22-mc-3977-WKW are ORDERED to brief whether the Final Report of Inquiry should remain under seal; All briefs must be filed by 11/10/2023. Signed by Honorable Judge Liles C. Burke on 11/3/2023. (NO PDF attached to this entry) (am, ) (Entered: 11/03/2023) |
| 11/03/2023 | 350 | TEXT ORDER: As explained by the panel in its order transferring the case to this Court (In re Vague, 2:22-mc-3977-WKW (Doc. 99 ), and as counsel agreed at the hearing on November 2, 2023 in this case, the Final Report of Inquiry is neither a final decision under 28 U.S.C. § 1291 nor an interlocutory decision under 28 U.S.C. § 1292 and is therefore not appealable. Counsel have also informed the Court they intend to withdraw their notices of appeal at this time. The motions to stay proceedings related to In re Vague (Doc. 328 ; Doc. 329 ; Doc. 332 ), and the Motion for Leave to File Under Seal Sealed Joinder of Asaf Orr and Scott D. McCoy in the Motion to Stay Proceedings Relating to In re Vague, et al.” (Doc. 334 ) are DENIED. Signed by Honorable Judge Liles C. Burke on 11/3/2023. (dmn, ) (no pdf) (Entered: 11/03/2023) |
| 11/06/2023 | 354 | (Unsealed pursuant to the 450 Tex Order) TRANSCRIPT of proceeding held on 11/2/2023 before Judge Burke, Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. (am, ) Modified on 3/19/2024 (AM). (Entered: 11/08/2023) |
| 11/08/2023 | 353 | MOTION for Extension of Time to File Response/Reply by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 11/08/2023) |
| 11/09/2023 | 355 | NOTICE by United States of America Brief re: Final Report of Inquiry (Doc. 349) (Toyama, Kaitlin) (Entered: 11/09/2023) |
| 11/09/2023 | BRIEF re: In RE Vague Final Report of Inquiry, filed by United States of America. (NO PDF -See doc 355 , which was incorrectly filed as a Notice) (am, ) (Entered: 11/13/2023) | |
| 11/10/2023 | 356 | POST HEARING BRIEF filed by Jeffrey P. Doss, Melody H. Eagan. (King, Mark) Modified on 11/13/2023 to clarify text (am, ). (Entered: 11/10/2023) |
| 11/10/2023 | 357 | Response to Order re 349 Order, Regarding Whether the Final Report of Inquiry Should Remain Under Seal filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 11/10/2023) |
| 11/10/2023 | 358 | Response to Order re 349 Order, Memorandum of Law in Support of Maintaining the Panel’s Report and Inquiry Under Seal filed by Jennifer L. Levi, Shannon Minter. (Segall, Robert) (Entered: 11/10/2023) |
| 11/10/2023 | 359 | BRIEF/MEMORANDUM in Support re 349 Order, filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 11/10/2023) |
| 11/10/2023 | 360 | JOINDER re 359 BRIEF/MEMORANDUM in Support by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 11/10/2023) |
| 11/10/2023 | 361 | Response to Order re 358 Response to Order, 349 Order, 359 BRIEF/MEMORANDUM in Support, 356 BRIEF/MEMORANDUM in Support McCoy and Orr Notice of Adoption of Briefs and Motion to Schedule Proceedings filed by Scott D. McCoy, Asaf Orr. (Segall, Robert) (Entered: 11/10/2023) |
| 11/10/2023 | 362 | JOINDER re 359 BRIEF/MEMORANDUM in Support by Jeffrey P. Doss, Melody H. Eagan. (King, Mark) (Entered: 11/10/2023) |
| 11/10/2023 | 363 | NOTICE of Appearance by Brannon Jeffrey Buck on behalf of Kathleen Roberta Hartnett (Buck, Brannon) (Entered: 11/10/2023) |
| 11/10/2023 | 364 | NOTICE of Appearance by Christopher B Driver on behalf of Kathleen Roberta Hartnett (Driver, Christopher) (Entered: 11/10/2023) |
| 11/10/2023 | 365 | JOINDER re 358 Response to Order, 359 BRIEF/MEMORANDUM in Support by Kathleen Roberta Hartnett. (Buck, Brannon) (Entered: 11/10/2023) |
| 11/10/2023 | ***Pursuant to the 356 Brief – Attorney Harlan Irby Prater, IV for Jeffrey P. Doss & Melody H. Eagan added. (NO PDF attached to this entry) (am, ) (Entered: 11/13/2023) | |
| 11/10/2023 | BRIEF re: Whether the Final Report of Inquiry Should Remain Under Seal, filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (NO PDF – See doc 357 , which was incorrectly filed as a Response) (am, ) (Entered: 11/13/2023) | |
| 11/10/2023 | MEMORANDUM of Law in Support of Maintaining the Panel’s Report of Inquiry Under Seal, filed by Jennifer L. Levi, Shannon Minter. (NO PDF – See doc 358 ) (am, ) (Entered: 11/13/2023) | |
| 11/10/2023 | JOINDER of 358 , 359 , & 356 BRIEF/MEMORANDUM by Scott D. McCoy, Asaf Orr. (NO PDF – see doc 361 ) (am, ) (Entered: 11/13/2023) | |
| 11/10/2023 | MOTION to Schedule Proceedings, by Scott D. McCoy, Asaf Orr. (NO PDF – See doc 361 ) (am, ) (Entered: 11/13/2023) | |
| 11/16/2023 | 366 | JOINDER re 356 BRIEF/MEMORANDUM in Support by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 11/16/2023) |
| 11/17/2023 | 367 | MOTION for Leave to File Under Seal by Kathleen Roberta Hartnett. (Buck, Brannon) (Entered: 11/17/2023) |
| 11/17/2023 | 368 | ORDER: The Court ORDERS as follows: Defendants’ 302 Motion to Compel Designation of One Additional HHS Custodian: Admiral Levine is GRANTED; Defendants’ 351 Oral Motion to Continue Trial is GRANTED, and trial is reset for 8/12/2024; Defendants’ 313 Time-Sensitive Motion to Stay Preliminary Injunction is DENIED; Defendants’ 322 Motion for Hearing is DENIED AS MOOT; Respondents’ 346 Motion to Take Judicial Notice is DENIED AS MOOT; Defendants’ 335 Motion and 341 Amended Motion for Leave to File Unredacted Response Under Seal are GRANTED, and the Clerk of Court is DIRECTED to file the unredacted version of Defendants’ Response under seal; and Respondents’ 353 Motion for Extension of Time is GRANTED. Signed by Honorable Judge Liles C. Burke on 11/17/2023. (Furnished: Calendar; DH, LW; Terminates-Non-Jury Trial: 04/02/2024)(am, ) (Entered: 11/17/2023) |
| 11/17/2023 | 369 | TEXT ORDER: The Court sets a hearing for 09:00 AM on Tuesday, November 21, 2023 before Honorable Judge Liles C. Burke. The Court intends to conduct this hearing by Zoom. The parties will receive a link to call the day before the hearing. The purpose of the hearing is to discuss the next steps concerning the three-judge panel’s Final Report of Inquiry. Signed by Honorable Judge Liles C. Burke on 11/17/2023. Furnished calendar, DH, LW, VIDEO CONF.(dmn, ) (Entered: 11/17/2023) |
| 11/17/2023 | 370 | Post-Hearing MEMORANDUM of Law filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) Modified on 11/20/2023 to clarify text (am, ). (Entered: 11/17/2023) |
| 11/20/2023 | 371 | MOTION to Withdraw as Attorney Former U.S. Attorney Sandra J. Stewart by United States of America. (Wadsworth, Stephen) (Entered: 11/20/2023) |
| 11/20/2023 | 372 | TEXT ORDER: For good cause shown, the United States of America’s 371 Motion to Withdraw Former U.S. Attorney Sandra J. Stewart is GRANTED; The Clerk of Court is DIRECTED to terminate Sandra J. Stewart as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 11/20/2023. (NO PDF attached to this entry) (am, ) (Entered: 11/20/2023) |
| 11/20/2023 | *** Pursuant to the 371 Order – Attorney Sandra Jean Stewart terminated. (NO PDF attached to this entry) (am, ) (Entered: 11/20/2023) | |
| 11/21/2023 | 373 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Status Conference held on 11/21/2023 (PDF available for court use only). (Recording Time 9:05-9:35.) (dh) (Entered: 11/21/2023) |
| 11/21/2023 | 374 | NOTICE of Appearance by Jonathan S. Ross on behalf of United States of America (Ross, Jonathan) (Entered: 11/21/2023) |
| 11/21/2023 | 375 | MEMORANDUM: A proposed order has been submitted to the Court to address the status of those respondents in the matter of In re Vague that the three-judge panel has terminated from its inquiry and released from any obligations under its preceding orders. After reviewing its own orders and those of the panel in both this case and In re Vague, the Court finds it unnecessary to enter the proposed order. This Court has neither set aside nor otherwise superseded any order from the panel terminating the inquiry as to those attorneys or releasing them from their obligations under the panels preceding orders. Signed by Honorable Judge Liles C. Burke on 11/21/2023. (dmn, ) (Entered: 11/21/2023) |
| 11/22/2023 | 376 | NOTICE of Availability for Hearing by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere (Davis, James) Modified on 11/22/2023 to clarify text (am, ). (Entered: 11/22/2023) |
| 11/22/2023 | 377 | Notice of Availability for Hearing, by United States of America (Montag, Coty) Modified on 11/22/2023 to clarify text (am, ). (Entered: 11/22/2023) |
| 11/22/2023 | 378 | Statement of Unavailability of Kathleen Hartnett and Her Counsel by Kathleen Roberta Hartnett (Buck, Brannon) Modified on 11/22/2023 to clarify text (am, ). (Entered: 11/22/2023) |
| 11/22/2023 | 379 | NOTICE of Unavailable Dates by Michael B. Shortnacy (Rogers, Bruce) Modified on 11/22/2023 to clarify text (am, ). (Entered: 11/22/2023) |
| 11/24/2023 | 380 | NOTICE of Unavailable Dates for Levi, Minter, Orr and McCoy by Jennifer L. Levi, Scott D. McCoy, Shannon Minter, Asaf Orr (Segall, Robert) Modified on 11/27/2023 to clarify text (cwl, ). (Entered: 11/24/2023) |
| 11/24/2023 | 381 | NOTICE of Unavailable Dates by Jeffrey P. Doss, Melody H. Eagan (King, Mark) Modified on 11/27/2023 to clarify text (cwl, ). (Entered: 11/24/2023) |
| 11/27/2023 | 382 | NOTICE of Unavailable Dates by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks (Ragsdale, Barry) Modified on 11/27/2023 to clarify text (cwl, ). (Entered: 11/27/2023) |
| 11/27/2023 | 383 | Motion for Adam G. Unikowsky to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3542303.) by Jennifer L. Levi, Shannon Minter. (Attachments: # 1 Certificate of Good Standing)(Segall, Robert) Modified on 11/27/2023 to add atty’s name to text (cwl, ). (Entered: 11/27/2023) |
| 11/27/2023 | 384 | Motion for April A. Otterberg to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3542317.) by Jennifer L. Levi, Shannon Minter. (Attachments: # 1 Certificate of Good Standing)(Segall, Robert) Modified on 11/27/2023 to add atty’s name (cwl, ). (Entered: 11/27/2023) |
| 11/27/2023 | ***PURSUANT TO THE 383 AND 384 MOTIONS – Attorney Adam Granich Unikowsky, April A. Otterberg for Jennifer L. Levi and Shannon Minter added. (No pdf attached) (cwl, ) (Entered: 11/27/2023) | |
| 11/30/2023 | 385 | MOTION to Amend 368 Scheduling Order by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Text of Proposed Order)(LaCour, Edmund) (Modified on 12/1/2023 to add linkage and clarify text). (ggn, ). (Entered: 11/30/2023) |
| 12/01/2023 | 386 | SIXTH AMENDED SCHEDULING ORDER: the Court GRANTS Defendants’ Motion to Amend Scheduling Order (Doc. 385 ) and AMENDS the fifth amended scheduling order (Doc. 292 ) as follows: Complete Production by HHS: HHS must produce complete discovery in response to Defendants requests for production by December 15, 2023. Discovery Cutoff: All discovery must be commenced in time to be completed by April 14, 2024. Dispositive Motions: All potentially dispositive motions, including Daubert motions, must be filed by May 12, 2024. Expert Testimony: Any supplemental reports under Federal Rule of Civil Procedure 26(a)(2)(B) from any expert specially retained or employed by Defendants shall be due by February 2, 2024. Defendants shall disclose the names of their experts providing supplemental reports by January 5, 2024. For expert witnesses who have not already been disclosed in this litigation, the names and anticipated subject matter of any rebuttal expert witnesses retained by Plaintiffs or the United States shall be disclosed by February 16, 2024. Rebuttal expert opinions shall be due by March 11, 2024. Final Lists: Lists of trial witnesses and exhibits must be filed by June 28, 2024. Any objections to such lists, including objections under Federal Rule of Civil Procedure 26(a)(3), must be filed within fourteen days thereafter. Trial: Trial is scheduled to begin on August 12, 2024, at 9:00 a.m. CT. The trial shall occur at the Frank M. Johnson Jr. United States Courthouse in Montgomery, Alabama. All other requirements of the initial Scheduling Order remain in effect. Signed by Honorable Judge Liles C. Burke on 12/1/2023. (cwl, ) (Entered: 12/01/2023) |
| 12/04/2023 | 387 | MOTION to Stay by United States of America. (Toyama, Kaitlin) (Entered: 12/04/2023) |
| 12/08/2023 | 388 | ORDER: the Court ORDERS the parties to file notice of their availability for March; Notice is due by 12/15/2023; The Court also SETS Plf-Intervenor United States of America’s 387 Motion to Stay All District Court Proceedings for telephonic conference on 12/15/2023 at 10:00 AM; Dial-in information will be emailed to counsel before the call. Signed by Honorable Judge Liles C. Burke on 12/8/2023. (Furn: Calendar, dh, lw) (bes, ) (Entered: 12/08/2023) |
| 12/11/2023 | 389 | MOTION to Withdraw as Attorney by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe. (Attachments: # 1 Text of Proposed Order)(Shortnacy, Michael) (Entered: 12/11/2023) |
| 12/12/2023 | 390 | NOTICE Regarding Availability for Hearing (Montag, Coty) Modified on 12/13/2023 to clarify text (ggn, ). (Entered: 12/12/2023) |
| 12/12/2023 | 391 | NOTICE of Availability for Hearing by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere (Bowdre, Alexander) Modified on 12/13/2023 to clarify text (ggn, ). (Entered: 12/12/2023) |
| 12/13/2023 | 392 | NOTICE of Unavailable Dates by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks (Ragsdale, Barry) (Modified on 12/14/2023 to clarify text)(ggn). (Entered: 12/13/2023) |
| 12/13/2023 | 393 | RESPONSE to Motion re 387 MOTION to Stay all District Court Proceedings filed by Plaintiff-Intervenor United States of America filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 12/13/2023) |
| 12/13/2023 | 394 | NOTICE of Unavailability by Kathleen Roberta Hartnett and Her Counsel for March 2024 (Buck, Brannon) (Modified on 12/14/2023 to clarify text) (GGN). (Entered: 12/13/2023) |
| 12/14/2023 | 395 | NOTICE of Unavailable Dates by Jennifer L. Levi, Scott D. McCoy, Shannon Minter, Asaf Orr re 388 Order Setting Hearing on Motion, (Segall, Robert) Modified on 12/18/2023 to clarify text (GGN). (Entered: 12/14/2023) |
| 12/15/2023 | 396 | NOTICE of Unavailable Dates by Michael B. Shortnacy (Rogers, Bruce) Modified on 12/18/2023 to clarify text (GGN). (Entered: 12/15/2023) |
| 12/15/2023 | 397 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Motion Hearing held via telephone conference on 12/15/2023 re 387 MOTION to Stay filed by United States of America (PDF available for court use only). (Court Reporter Christina Decker, (205) 545-5155, christina_decker@alnd.uscourts.gov.) (dh) (Entered: 12/15/2023) |
| 12/15/2023 | 398 | NOTICE of Unavailable Dates by Jeffrey P. Doss, Melody H. Eagan (King, Mark) Modified on 12/18/2023 to clarify text (GGN). (Entered: 12/15/2023) |
| 12/26/2023 | 399 | ORDER: Plaintiff-Intervenor United States of America’s Motion to Stay All District Court Proceedings (Doc. 387 ) is therefore DENIED without prejudice to re-urging if the Eleventh Circuit should grant Private Plaintiffs’ petition for rehearing en banc or the Supreme Court should grant certiorari in L.W. v. Skrmetti or Doe v. Kentucky. All deadlines remain in place. Signed by Honorable Judge Liles C. Burke on 12/26/2023. (GGN) (Entered: 12/26/2023) |
| 01/11/2024 | 400 | USCA COURT ORDER as to 108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Appellants’ motion to stay preliminary injunction is GRANTED. ENTERED FOR THE COURT BY DIRECTION. (DMN) (Entered: 01/11/2024) |
| 01/12/2024 | 401 | MOTION to Withdraw Counsel for the United States , (Powers, John) Modified on 1/12/2024 to correct event and clarify text (GGN). Modified text on 4/18/2024 (LAB). (Entered: 01/12/2024) |
| 02/19/2024 | 402 | Objection to and MOTION to Quash Latest Document Subpoena From Plaintiffs, and MOTION for Sanctions by Eagle Forum of Alabama. (Attachments: # 1 Exhibit A – Subpoena, # 2 Exhibit B – Email Exchange) (Graham, John). Added MOTION for Sanctions on 2/22/2024 (WCL). Modified on 2/22/2024 to clarify the docket text to also reflect as an Objection (WCL). (Entered: 02/19/2024) |
| 02/20/2024 | 403 | ORDER: The deadline to respond to Eagle Forum of Alabama’s motion 402 is February 29, 2024. No reply is permitted. Signed by Honorable Judge Liles C. Burke on 02/20/2024. (GGN) (Entered: 02/21/2024) |
| 02/21/2024 | 404 | TEXT ORDER: For good cause shown, Michael Shortnacy’s 389 Motion to Withdraw as Counsel for Plaintiffs is GRANTED. The Clerk of Court is DIRECTED to terminate Michael Shortnacy as counsel of record in this case. The Court will retain jurisdiction over Mr. Shortnacy as a Respondent in the consolidated matter of In re Vague, et al. Signed by Honorable Judge Liles C. Burke on 02/21/2024. (no pdf attached) (GGN) (Entered: 02/21/2024) |
| 02/21/2024 | *** Attorney Michael B. Shortnacy terminated as counsel of record pursuant to the Text Order – see Doc. 404. (No pdf attached) (GGN) (Entered: 02/21/2024) | |
| 02/21/2024 | 405 | TEXT ORDER: For good cause shown, the United States of America’s Motion to Withdraw Counsel for the United States 401 is GRANTED; The Clerk of Court is DIRECTED to terminate John Powers as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 02/21/2024. (no pdf attached) (GGN) (Entered: 02/21/2024) |
| 02/21/2024 | *** Attorney John Michael Powers terminated as counsel of record in this case pursuant to the Text Order – see Doc. 405. (No pdf attached). (GGN) (Entered: 02/21/2024) | |
| 02/21/2024 | 406 | ORDER TO SHOW CAUSE: the Court finds it appropriate to proceed as to all Respondents and hereby ORDERS Melody Eagan, Jeffrey Doss, Scott McCoy, Jennifer Levi, Shannon Minter, James Esseks, Kathleen Hartnett, Michael Shortnacy, LaTisha Faulks, Asaf Orr, and Carl Charles to show cause why they should not be sanctioned for the misconduct outlined in the Final Report of Inquiry, as further set out in order; Each Respondent must show good cause, if any there may be, why he or she should not be sanctioned for the conduct identified in Section II of this order and the panel’s Final Report of Inquiry. As the Court proposed in November, any Respondent who accepts full or partial responsibility for misconduct found by the panel may thus advise the Court and, in lieu of showing cause, explain with specificity the misconduct for which he or she accepts responsibility and comment on the appropriate sanction in his or her response to this order. Any Respondent who believes that specific additional evidence is necessary for the Court to determine a Respondent’s culpability or an appropriate sanction must move the Court for such action by 3/8/2024 and shall set out in detail that specific additional evidence in said filing. The Respondents’ show-cause briefs are due by 3/22/2024. In a separate filing, the Respondents must identify those portions of all other Respondents’ briefs with which they agree or disagree by 4/5/2024. The Court has made reasonable efforts to set the show-cause hearing on dates in February or March which are free of scheduling conflicts for the Respondents and their attorneys, but it has met with no success. The Court will therefore set this matter in May and expect the Respondents and their attorneys to be available. The Respondents must appear in Courtroom 2F of the United States Courthouse in Montgomery, Alabama at 9:30 a.m. on May 22 and 23, 2024. Signed by Honorable Judge Liles C. Burke on 2/21/2024. (furn: calendar, dh, lfw)(Show Cause Hearing set for 5/22/2024 and 5/23/2024 @ 9:30am) (WCL) (Entered: 02/21/2024) |
| 02/22/2024 | 407 | Objection to and MOTION to Quash Subpoena from Plaintiffs, and MOTION for Sanctions by Alabama Citizen’s Action program. (Attachments: # 1 Supplement Subpoena, # 2 Affidavit Declaration) (Johnston, Alan). Added MOTION for Sanctions on 2/22/2024 (WCL). Modified on 2/22/2024 to clarify the docket text to also reflect as an Objection (WCL). (Entered: 02/22/2024) |
| 02/22/2024 | 408 | ORDER Setting Hearing on Motion re 402 MOTION to Quash Latest Document Subpoena From Plaintiffs, and MOTION for Sanctions and 407 MOTION to Quash Subpoena from Plaintiffs, and MOTION for Sanctions : Motion Hearing set for 3/19/2024 at 09:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke, as further set out in order; further ORDERED that the deadline to respond to Alabama Citizen’s Action Program’s 407 motions is 3/4/2024; Oral Argument on the matter is set for 3/19/2024 at 10:00 AM in Courtroom 2F before Honorable Judge Liles C. Burke; If any parties or Respondents desire to supplement their briefing on whether any filings should remain under seal, they shall do so at least five days prior to the hearing; The State of Alabama should be prepared to argue the matter. Signed by Honorable Judge Liles C. Burke on 2/22/2024. (furn: calendar, dh, lfw) (WCL) (Entered: 02/22/2024) |
| 02/23/2024 | 409 | MOTION for Leave to File Brief in Support of Motions to Quash Filed by Non-Parties Eagle Forum of Alabama (Doc. 402) and Alabama Citizen’s Action Program (Doc. 407) by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Brief in Support of Motions to Quash) (LaCour, Edmund) (Entered: 02/23/2024) |
| 02/23/2024 | 410 | TEXT ORDER: For good cause shown, Defendants’ Motion for Leave to File Brief in Support of the Non-Parties’ Motions to Quash (Doc. 409 ) is GRANTED. Defendants are directed to file their proposed brief. Signed by Honorable Judge Liles C. Burke on 2/23/2024. (DMN) (no pdf) (Entered: 02/23/2024) |
| 02/23/2024 | 411 | BRIEF/MEMORANDUM in Support re 407 MOTION to Quash Subpoena from Plaintiffs, and MOTION for Sanctions , 402 MOTION to Quash Latest Document Subpoena From Plaintiffs, and MOTION for Sanctions filed by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 02/23/2024) |
| 02/29/2024 | 412 | RESPONSE in Opposition re 402 MOTION to Quash Latest Document Subpoena From Plaintiffs, and MOTION for Sanctions Private Plaintiffs’ Opposition to Non-Party Eagle Forum of Alabama’s Motion to Quash and Motion for Sanctions filed by Paul A. Eknes-Tucker, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Attachments: # 1 Exhibit A) (Vague, Amie) (Entered: 02/29/2024) |
| 02/29/2024 | 413 | CORRECTED RESPONSE in Opposition re 402 MOTION to Quash Latest Document Subpoena From Plaintiffs, and MOTION for Sanctions PRIVATE PLAINTIFFS CORRECTED OPPOSITION filed by Brianna Boe, Rachel Koe, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Attachments: # 1 Exhibit A) (Vague, Amie) Modified on 3/1/2024 to reflect “corrected” (GGN). (Entered: 02/29/2024) |
| 03/01/2024 | 414 | MOTION for Leave to File Under Seal by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 03/01/2024) |
| 03/03/2024 | 415 | Joint MOTION to Amend/Correct Scheduling Order by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Eagan, Melody) (Entered: 03/03/2024) |
| 03/04/2024 | 416 | Joint MOTION for Leave to File Under Seal by Michael B. Shortnacy, Melody Eagan, Jeffrey Doss, Scott McCoy, and Asaf Orr. (Rogers, Bruce) Modified on 3/5/2024 to add joint e-filers-Melody Eagan, Jeffrey Doss, Scott McCoy, and Asaf Orr (GGN). (Entered: 03/04/2024) |
| 03/04/2024 | 417 | RESPONSE in Opposition re 407 MOTION to Quash Subpoena from Plaintiffs, and MOTION for Sanctions filed by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Vague, Amie) (Entered: 03/04/2024) |
| 03/04/2024 | 418 | MOTION to Seal by Jeffrey P. Doss, Melody H. Eagan. (King, Mark) (Entered: 03/04/2024) |
| 03/06/2024 | 419 | ORDER: granting 414 Motion for Leave to File; granting 416 and Motion for Leave to File; granting 418 Motion to Seal. Signed by Honorable Judge Liles C. Burke on 03/06/2024. (GGN) (Entered: 03/06/2024) |
| 03/06/2024 | 420 | MOTION for Leave to File Under Seal by Kathleen Roberta Hartnett. (Buck, Brannon) (Entered: 03/06/2024) |
| 03/06/2024 | 421 | MOTION to Lift Sequestration by Carl Solomon Charles, Jeffrey P. Doss, Melody H. Eagan, James D. Esseks, LaTisha Gotell Faulks, Kathleen Roberta Hartnett, Jennifer L. Levi, Scott D. McCoy, Shannon Minter, Asaf Orr, Michael B. Shortnacy. (Buck, Brannon) (Entered: 03/06/2024) |
| 03/06/2024 | 422 | SEVENTH AMENDED SCHEDULING ORDER: , the Court GRANTS the parties’ Joint Motion to Amend Scheduling Order (Doc. 415 ) and AMENDS the Sixth Amended Scheduling Order (Doc. 386 ), as further set out in the Order. Signed by Honorable Judge Liles C. Burke on 03/06/2024. (GGN) (Entered: 03/06/2024) |
| 03/06/2024 | 423 | JOINT MOTION to Clarify re 406 Order to Show Cause by Jeffrey P. Doss, Melody H. Eagan, Scott D. McCoy, Asaf Orr, Michael B. Shortnacy. (GGN) (Entered: 03/07/2024) |
| 03/06/2024 | JOINT Objection to re 406 Order to Show Cause filed by Jeffrey P. Doss, Melody H. Eagan, Scott D. McCoy, Asaf Orr, Michael B. Shortnacy. (no pdf attached to this entry – See 423 ) (GGN) (Entered: 03/07/2024) | |
| 03/07/2024 | 424 | MOTION for Leave to File Under Seal by Jennifer L. Levi, Scott D. McCoy, Shannon Minter, Asaf Orr. (Segall, Robert) (Entered: 03/07/2024) |
| 03/07/2024 | 425 | Objection to re 406 Order to Show Cause filed by Carl Solomon Charles, James D. Esseks, and LaTisha Gotell Faulks. (GGN) (Entered: 03/07/2024) |
| 03/08/2024 | 426 | MOTION for Leave to File Under Seal by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 03/08/2024) |
| 03/08/2024 | 427 | ORDER: Both motions (Docs. 420 & 424 ) are GRANTED. As long as the show-cause order remains under seal, Respondents Hartnett, Levi, Minter, Orr, and McCoy may file all future filings relating to it under seal as well. Signed by Honorable Judge Liles C. Burke on 03/08/2024. (GGN) (Entered: 03/08/2024) |
| 03/08/2024 | 428 | NOTICE of Appearance by Robert Brett Adair on behalf of Alabama Citizen’s Action program (Adair, Robert) (Entered: 03/08/2024) |
| 03/08/2024 | 429 | Motion to Appear Pro Hac Vice by Katherine Balkoski ( Filing fee $ 75 receipt number AALMDC-3599811.) for Asaf Orr. (Attachments: # 1 Exhibit Certificate of Good Standing) (Segall, Robert) Modified on 3/8/2024 to add name of PHV attorney (GGN). (Entered: 03/08/2024) |
| 03/08/2024 | 430 | Motion to Appear Pro Hac Vice by John Ugai ( Filing fee $ 75 receipt number AALMDC-3599819.) for Asaf Orr. (Attachments: # 1 Exhibit Certificate of Good Standing) (Segall, Robert) Modified on 3/8/2024 to add name of PHV attorney (GGN). (Entered: 03/08/2024) |
| 03/08/2024 | 431 | ORDER: The motion (Doc. 426 ) is GRANTED. As long as the show-cause order remains under seal, Respondent Shortnacy may file all future filings relating to it under seal as well. Signed by Honorable Judge Liles C. Burke on 03/08/2024. (GGN) (Entered: 03/08/2024) |
| 03/08/2024 | 432 | MOTION to Receive Clarification of Order to Show Cause and Notice of Proposed Testimony by Jeffrey P. Doss, Melody H. Eagan. (GGN) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | 433 | MOTION for Leave to Submit Additional Evidence by Jeffrey P. Doss and Melody H. Eagan. (GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | ***Pursuant to 429 and 430 – Attorney Katherine Balkoski,John Michael Ugai for Asaf Orr added. (no pdf attached) (GGN) (Entered: 03/08/2024) | |
| 03/08/2024 | 434 | MOTION FOR LEAVE TO SUBMIT ADDITIONAL EVIDENCE by Michael B. Shortnacy. (GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | 435 | MOTION TO SUBMIT ADDITIONAL EVIDENCE by Kathleen Roberta Hartnett. (GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | 436 | MOTION FOR LEAVE TO SUBMIT ADDITIONAL EVIDENCE by Asaf Orr. (GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order(AM). (Entered: 03/08/2024) |
| 03/08/2024 | 437 | MOTION FOR LEAVE TO SUBMIT ADDITIONAL EVIDENCE by Carl Solomon Charles, James D. Esseks, and LaTisha Gotell Faulks. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | 438 | MOTION FOR LEAVE TO SUBMIT ADDITIONAL EVIDENCE by Scott D. McCoy. (Attachments: # 1 Exhibit A)(GGN) Modified security on 3/18/2024 (GGN). Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/08/2024 | 439 | MOTION FOR LEAVE TO SUBMIT EVIDENCE by Jennifer L. Levi, Shannon Minter.(GGN) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/08/2024) |
| 03/11/2024 | 440 | TEXT ORDER: For good cause shown, the Court GRANTS the motions to appear Pro Hac Vice filed by Adam G. Unikowsky (Doc. 383 ), April A. Otterberg (Doc. 384 ), Katherine Balkoski (Doc. 429 ), and John Ugai (Doc. 430 ). Signed by Honorable Judge Liles C. Burke on 3/11/2024. (no pdf attached) (HRR) (Entered: 03/11/2024) |
| 03/12/2024 | 441 | Respondent Kathleen Hartnett’s Joinder. (Buck, Brannon) Modified on 3/13/2024 to clarify text (GGN). (Entered: 03/12/2024) |
| 03/12/2024 | 442 | NOTICE (Request) to Attend March 19 Hearing Telephonically by Heather Austin, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe (Ray, Brent) Modified on 3/13/2024 to clarify text (GGN). (Entered: 03/12/2024) |
| 03/13/2024 | 443 | ORDER: the Court DENIES Mr. Ray’s Request to Attend the March 19th Hearing Telephonically (Doc. 442 ), as further set out in the the Order. The private Plaintiffs’ response [Doc. 412] appears to be an unsigned paper and therefore noncompliant with Rule 11(a). If the omission is not “promptly corrected,” the Court must strike the filing. The private Plaintiffs have until 3/14/2024, at 5:00 p.m. to remedy this error, as further set out in the Order. Signed by Honorable Judge Liles C. Burke on 03/13/2024. (GGN) (Entered: 03/13/2024) |
| 03/14/2024 | 444 | JOINDER by Scott D. McCoy re 432 MOTION to Clarify re 406 Order to Show Cause 425 Objection to Order . (Segall, Robert) Modified on 3/14/2024 to clarify text (GGN). (Entered: 03/14/2024) |
| 03/14/2024 | 445 | Motion for Anthony P. Schoenberg to Appear Pro Hac Vice (Filing fee $75 receipt number AALMDC-3603194.) for Asaf Orr. (Attachments: # 1 Exhibit A – Certificate of Good Standing) (Segall, Robert) Modified on 3/15/2024 to include attorney name (GGN). (Entered: 03/14/2024) |
| 03/14/2024 | 446 | NOTICE OF CORRECTED FILING by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe re 413 Response in Opposition to Motion, 443 Order,, (Vague, Amie) Modified on 3/14/2024 to clarify text (GGN). (Entered: 03/14/2024) |
| 03/14/2024 | 447 | JOINDER by Jennifer L. Levi and Shannon Minterre re 432 MOTION to Clarify re 406 Order to Show Cause 425 Objection to Order. (Segall, Robert) Modified on 3/15/2024 to clarify text (GGN). (Entered: 03/14/2024) |
| 03/14/2024 | ***Pursuant to 445 – Attorney Anthony Paul Schoenberg for Asaf Orr added. (no pdf attached to this entry) (GGN) (Entered: 03/15/2024) | |
| 03/18/2024 | 448 | NOTICE by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere of Substitution of Parties (Bowdre, Alexander) (Entered: 03/18/2024) |
| 03/18/2024 | 449 | ORDER. (GGN) Modified on 3/19/2024 unsealed pursuant to the 450 Text Order (AM). (Entered: 03/18/2024) |
| 03/19/2024 | 450 | TEXT ORDER: For the reasons stated on the record at the hearing held on 3/19/2024, the Court DIRECTS the Clerk of Court to unseal all filings currently under seal in this case. A comprehensive written order detailing the Court’s rationale and decision will follow. Signed by Honorable Judge Liles C. Burke on 3/19/2024. (NO PDF attached to this entry) (AM) (Entered: 03/19/2024) |
| 03/19/2024 | Pursuant to the 450 Text Order – Documents unsealed: 435 SEALED MOTION, 320 Order, 324 Order Setting Hearing on Motion, 327 BRIEF/MEMORANDUM in Support, 318 Order, 406 Order to Show Cause, 434 SEALED MOTION, 432 SEALED MOTION to Clarify re 406 Order to Show Cause, 439 SEALED MOTION, 321 BRIEF/MEMORANDUM in Support, 106 Transcript, 339 Sealed Document, 354 Sealed Transcript, 438 SEALED MOTION, 337 Sealed Document, 433 SEALED MOTION for Leave to File, 437 SEALED MOTION, 336 Sealed Document, 436 SEALED MOTION, 325 BRIEF/MEMORANDUM in Support, 449 Sealed Document. (NO PDF attached to this entry) (AM) (Entered: 03/19/2024) | |
| 03/19/2024 | Pursuant to the 450 Text Order – Documents unsealed – 78 -40 Exhibit List, 423 Motion & 425 Objection. (NO PDF attached to this entry) (AM) (Entered: 03/19/2024) | |
| 03/19/2024 | 451 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Motion Hearing held on 3/19/2024 re 402 MOTION to Quash 407 MOTION to Quash Subpoena from Plaintiffs (PDF available for court use only). (Recording Time 9:10-12:10.) (DH) (Entered: 03/19/2024) |
| 03/19/2024 | 452 | TEXT ORDER: The Clerk of Court has inquired whether the previous text order applies to all filings or only those related to the proceedings that arose from In re Amie Adelia Vague, et al., 2:22-mc-3977-LCB. The Court hereby clarifies that its order unsealing all filings in this case referred only to those filings that concern In re Vague, the work of the three-judge panel, or this Court’s subsequent work in that matter, and that it does not affect those filings that were sealed on the merits in Boe v. Marshall, 2:22-cv-184-LCB-CWB. The Clerk of Court is DIRECTED to reseal any filings that were erroneously unsealed and are unrelated to In re Vague, the work of the three-judge panel, or this Court’s subsequent work in that matter, specifically Docs. 78-40, 106, and 325. Signed by Honorable Judge Liles C. Burke on 03/19/2024. (GGN) (Entered: 03/19/2024) |
| 03/20/2024 | 453 | NOTICE of Appearance by James Vincent Fletcher on behalf of United States of America (Fletcher, James) (Entered: 03/20/2024) |
| 03/21/2024 | 454 | ORDER: The Respondents’ new deadlines are as follows: The Respondents’ deadline to file show-cause briefs is April 5, 2024. The Respondents deadline to identify those portions of all other Respondents’ briefs with which they agree or disagree is April 19, 2024. Signed by Honorable Judge Liles C. Burke on 3/21/2024. (BES) (Entered: 03/21/2024) |
| 03/25/2024 | 455 | MOTION to Withdraw as Attorney by United States of America. (Meyers, Max) (Entered: 03/25/2024) |
| 03/25/2024 | 456 | TEXT ORDER: For good cause shown, the United States of America’s Motion to Withdraw Counsel for the United States (Doc. 455 ) is GRANTED. The Clerk of Court is DIRECTED to terminate Max Lewis Meyers as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 3/25/2024. (BES) (Entered: 03/25/2024) |
| 03/25/2024 | ***PURSUANT TO THE 456 TEXT ORDER – Attorney Max Lewis Meyers terminated. (BES) (Entered: 03/25/2024) | |
| 03/25/2024 | 457 | TEXT ORDER, For good cause shown, the Court GRANTS the motion for admission pro hac vice as to Anthony P. Schoenberg (Doc. 445 ) Signed by Honorable Judge Liles C. Burke on 3/25/2024. (BES) Modified on 3/25/2024 to correct order wording provided by chambers (BES). (Entered: 03/25/2024) |
| 03/28/2024 | 458 | Motion to Appear Pro Hac Vice for Abby Parsons ( Filing fee $ 75 receipt number AALMDC-3611935.) by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe. (Attachments: # 1 Exhibit Certificate of Good Standing) (Eagan, Melody) Modified on 3/28/2024 to reflect name. (GGN). Modified on 4/18/2024 to remove the terminated plfs Paul A. Eknes-Tucker, Jane Moe, Robert Voe, and James Zoe as filers (WCL). (Entered: 03/28/2024) |
| 03/28/2024 | ***Pursuant to 458 Motion to Appear Pro Hac Vice – Attorney Abby Parsons for Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, and Rebecca Roe added. (GGN) (Entered: 04/03/2024) | |
| 03/29/2024 | 459 | ORDER: the Court has DIRECTED the Clerk of Court to unseal the 339 Final Report of Inquiry. At the Respondents’ joint motion in open court, the Court also DIRECTED the Clerk to unseal all filings in the matter of In re Amie Adelia Vague, Case No. 2:22-mc-3977, and, except as otherwise directed, (see Doc. 452 ), all filings in this case as well. For the reasons set forth in Section II(A)(1), the 319 Emergency Motion to Stay Dissemination of Sealed Final Report by Esseks, Charles, and Faulks is DENIED. Signed by Honorable Judge Liles C. Burke on 3/29/2024. (BES) (Entered: 03/29/2024) |
| 04/02/2024 | 460 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on March 19, 2024, before Judge LILES C. BURKE. Court Reporter/Transcriber CHRISTINA K. DECKER, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 4/23/2024. Redacted Transcript Deadline set for 5/3/2024. Release of Transcript Restriction set for 7/1/2024. (GGN) (Entered: 04/02/2024) |
| 04/03/2024 | 461 | TEXT ORDER: For good cause shown, the Court GRANTS the motion for admission pro hac vice as to Abby Parsons (Doc. 458 ). Signed by Honorable Judge Liles C. Burke on 04/03/2024. (no pdf attached) (GGN) (Entered: 04/03/2024) |
| 04/03/2024 | 462 | MOTION to Seal (Unopposed) by Jeffrey P. Doss, Melody H. Eagan. (Prater, Harlan) (Entered: 04/03/2024) |
| 04/03/2024 | 463 | ORDER: For good cause shown, Respondents’ motion (Doc. 462 ) is GRANTED.The Clerk of Court is DIRECTED to re-seal Document No. 78 in the matter of In re Vague, Case No. 2:22-mc-3977, as further set out in the Order. Signed by Honorable Judge Liles C. Burke on 04/03/2024. (GGN) (Entered: 04/04/2024) |
| 04/05/2024 | 464 | Supplemental MOTION for Leave to File /Submit Additional Evidence by Carl Solomon Charles. (Ragsdale, Barry) (Entered: 04/05/2024) |
| 04/05/2024 | 465 | TEXT ORDER: The Court will shortly enter an order addressing the Respondents’ motions for clarification and objections to the show-cause order, which may affect the parties show-cause briefing. The parties’ deadlines to file show-cause briefs and to separately identify those portions of all other Respondents’ briefs with which they agree or disagree are therefore RESET to April 12 and April 26, 2024, respectively. Signed by Honorable Judge Liles C. Burke on 04/05/24. (GGN) (Entered: 04/05/2024) |
| 04/05/2024 | 466 | ORDER: The Court will GRANT the Respondents’ Joint Motion for Clarification (Doc. 423 ). Moreover, and for the reasons set forth below, the Respondents’ Motion to Receive Clarification of Order to Show Cause (Doc. 432 ) is DENIED as moot; all objections to the show-cause order (Docs. 423 , 425 , 432 , 441 , 444 & 447 ) are DENIED as moot; and the two requests that remain from the motion to submit additional evidence by Esseks, Charles, and Faulks (Doc. 437 ) are GRANTED. Signed by Honorable Judge Liles C. Burke on 04/05/24. (See Order for Further Details) (GGN) (Entered: 04/05/2024) |
| 04/09/2024 | 467 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on March 19, 2024, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number 256-506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 4/30/2024. Redacted Transcript Deadline set for 5/10/2024. Release of Transcript Restriction set for 7/8/2024. (GGN) (Entered: 04/09/2024) |
| 04/11/2024 | 468 | ORDER: The Respondents’ deadlines to file show-cause briefs and identify those portions of all other Respondents’ briefs with which they agree or disagree, currently set for April 12 and 26, 2024, are hereby suspended. These deadlines will be reset in the coming days. Signed by Honorable Judge Liles C. Burke on 04/11/24. (GGN) (Entered: 04/11/2024) |
| 04/15/2024 | 469 | ORDER: the Court ADOPTS the Private Plaintiffs’ agreement with non-parties Eagle Forum of Alabama and Alabama Citizens Action Program and GRANTS both non-parties’ motions (Docs. 402 & 407 ). Private Plaintiffs are therefore ORDERED to pay $25,000 to Eagle Forum of Alabama and $5,000 to Alabama Citizen’s Action Program by May 3, 2024, if they have not done so already. Signed by Honorable Judge Liles C. Burke on 04/15/24. (GGN) (Entered: 04/15/2024) |
| 04/16/2024 | 470 | Motion to Appear Pro Hac Vice of PHILIP ANDREW SECHLER ( Filing fee $ 100 receipt number AALMDC-3625082.) by Daryl D. Bailey, Danny Carr, Steve Marshall, Jessica Ventiere. (Attachments: # 1 Exhibit Certificate of Good Standing) (Bowdre, Alexander) (Main Document 470 replaced to add city on 4/16/2024) (GGN). Modified on 4/16/2024 to add Philip A. Sechler (GGN). Modified on 4/18/2024 to remove terminated dfts Tom Anderson and C. Wilson Baylock as filers (WCL). (Entered: 04/16/2024) |
| 04/16/2024 | ***PURSUANT TO THE 470 MOTION – Attorney Philip Andrew Sechler for Daryl D. Bailey, Danny Carr, Steve Marshall, and Jessica Ventiere added. (No pdf attached) (WCL) (Entered: 04/18/2024) | |
| 04/17/2024 | 471 | Motion to Appear Pro Hac Vice for Christopher F. Stoll (Filing fee $100 receipt number AALMDC-3625894.) by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, and Rebecca Roe. (Vague, Amie) Modified on 4/18/2024 to add PHV attorney name (GGN). Modified on 4/18/2024 to remove terminated plaintiffs Paul A. Eknes-Tucker, Robert Voe and James Zoe as filers and add Rachel Koe as a filer (GGN). (Entered: 04/17/2024) |
| 04/17/2024 | 472 | Motion to Appear Pro Hac Vice for Amy Whelan (Filing fee $ 100 receipt number AALMDC-3625895.) by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, and Rebecca Roe, (Amie A. Vague) Modified on 4/18/2024 to add PHV attorney (GGN) Modified on 4/18/2024 to remove terminated plaintiffs Paul A. Eknes-Tucker, Jane Moe, Robert Voe and James Zoe as filers and add Rachel Koe as a filer (GGN). (Entered: 04/17/2024) |
| 04/17/2024 | ***PURSUANT TO THE 471 MOTION – Attorney Christopher Francis Stoll for Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, and Rebecca Roe added. (no pdf attached) (GGN) (Entered: 04/18/2024) | |
| 04/17/2024 | ***PURSUANT TO THE 472 MOTION – Attorney Amy Elizabeth Whelan for Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, and Rebecca Roe added. (no pdf attached) (GGN) (Entered: 04/18/2024) | |
| 04/18/2024 | 473 | TEXT ORDER: For good cause shown, the Court GRANTS the motions for admission pro hac vice as to Philip A. Sechler (Doc. 470 ), Christopher F. Stoll (Doc. 471 ), and Amy Whelan (Doc. 472 ). Signed by Honorable Judge Liles C. Burke on 04/18/24. (no pdf attached) (GGN) (Entered: 04/18/2024) |
| 04/18/2024 | 474 | JOINT STIPULATION of Dismissal of Rachel Koe and Kathy Noe by Heather Austin, Brianna Boe, Rachel Koe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, United States of America and Steve Marshall. (Ray, Brent) Modified on 4/19/2024 to clarify text and add joint e-filers (GGN). (Entered: 04/18/2024) |
| 04/19/2024 | 475 | Motion to Appear Pro Hac Vice for Vernadette R. Broyles ( Filing fee $ 100 receipt number AALMDC-3627305.) by Avery Davis and Zoe Hawes. (Attachments: # 1 Exhibit Certificate of Good Standing) Modified on 4/22/2024 to add Vernadette R. Broyles (GGN). Modified on 4/23/2024 to correct e-filer (GGN). (Entered: 04/19/2024) |
| 04/23/2024 | 476 | TEXT ORDER: For good cause shown, the Court GRANTS Vernadette R. Broyles’s motion to appear pro hac vice (Doc. 475 ). Signed by Honorable Judge Liles C. Burke on 04/23/24. (no pdf attached) (GGN) (Entered: 04/23/2024) |
| 05/01/2024 | 477 | NOTICE of Appearance by Dylan L. Mauldin on behalf of Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, and Jessica Ventiere (Mauldin, Dylan) Modified on 5/1/2024 to add names of defendants (GGN). (Entered: 05/01/2024) |
| 05/01/2024 | 478 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to LATISHA FAULKS: ORDERS as follows; LaTisha Faulks must show good cause, if any there may be, why she should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Ms. Faulks’s show-cause brief is due by May 11, 2024. In a separate filing, Ms. Faulks must identify those portions of all other Respondents’ briefs with which she agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. The show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Ms. Faulks must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 479 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to KATHLEEN HARTNETT: ORDERS as follows; Kathleen Hartnett must show good cause, if any there may be, why she should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Ms. Hartnett’s show-cause brief is due by May 11, 2024. In a separate filing, Ms. Hartnett must identify those portions of all other Respondents’ briefs with which she agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Ms. Hartnett must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 480 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to MICHAEL SHORTNACY: The Court therefore ORDERS as follows: Mr. Shortnacy must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Courts previous order to show cause, and the Panel’s Final Report of Inquiry. As the Court has emphasized throughout these proceedings, if Mr. Shortnacy accepts full or partial responsibility for his misconduct, he may explain with specificity the misconduct for which he accepts responsibility and comment on the appropriate sanction in his response to this order. Mr. Shortnacy’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. Shortnacy must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Shortnacy must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 05/1/24. (GGN) (Entered: 05/01/2024) |
| 05/01/2024 | 481 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to CARL CHARLES: ORDERS as follows; Carl Charles must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Mr. Charles’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. Charles must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Charles must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 482 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to ASAF ORR: The Court therefore ORDERS as follows: Mr. Orr must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry.Mr. Orrs show-cause brief is due by May 11, 2024. In a separate filing, Mr. Orr must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Orr must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 05/1/24. (GGN) (Entered: 05/01/2024) |
| 05/01/2024 | 483 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to JEFFREY DOSS: ORDERS as follows; Mr. Doss must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Mr. Doss’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. Doss must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Doss must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 484 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to MELODY EAGAN: ORDERS as follows; Ms. Eagan must show good cause, if any there may be, why she should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Ms. Eagan’s show-cause brief is due by May 11, 2024. In a separate filing, Ms. Eagan must identify those portions of all other Respondents’ briefs with which she agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Ms. Eagan must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 485 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to SHANNON MINTER: The Court therefore ORDERS as follows: Mr. Minter must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Mr. Minter’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. Minter must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Minter must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 05/1/24. (GGN) (Entered: 05/01/2024) |
| 05/01/2024 | 486 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to JAMES ESSEKS: ORDERS as follows; James Esseks must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Mr. Esseks’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. Esseks must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. Esseks must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 5/1/2024. (LAB) (Entered: 05/01/2024) |
| 05/01/2024 | 487 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to SCOTT MCCOY: The Court therefore ORDERS as follows: Mr. McCoy must show good cause, if any there may be, why he should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Mr. McCoy’s show-cause brief is due by May 11, 2024. In a separate filing, Mr. McCoy must identify those portions of all other Respondents’ briefs with which he agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Mr. McCoy must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 05/1/24. (GGN) (Entered: 05/01/2024) |
| 05/01/2024 | 488 | SUPPLEMENTAL ORDER TO SHOW CAUSE as to JENNIFER LEVI: The Court therefore ORDERS as follows: Ms. Levi must show good cause, if any there may be, why she should not be sanctioned for the conduct identified in this order, in Section II of the Court’s previous order to show cause, and the Panel’s Final Report of Inquiry. Ms. Levi’s show-cause brief is due by May 11, 2024. In a separate filing, Ms. Levi must identify those portions of all other Respondents’ briefs with which she agrees or disagrees by May 21, 2024. Any submissions in response to this order must be filed by May 8, 2024. The Court will hold a hearing on May 23, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama to discuss factual and procedural issues for the show-cause hearing. The May 22 hearing, however, is CANCELLED. Given the objections and motion practice that followed the first show-cause order and the volume of work that these entailed, the show-cause hearing is RESET for 9:30 a.m. on June 27 and 28, 2024 in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Ms. Levi must appear with counsel on all three dates. Signed by Honorable Judge Liles C. Burke on 05/1/24. (GGN) (Entered: 05/01/2024) |
| 05/01/2024 | Reset Hearings: Show Cause Hearing set as to: LATISHA FAULKS, KATHLEEN HARTNETT, MICHAEL SHORTNACY, CARL CHARLES, ASAF ORR, JEFFREY DOSS, MELODY EAGAN, SHANNON MINTER, JAMES ESSEKS, SCOTT MCCOY, and JENNIFER LEVI on 5/23/2024 at 09:30 AM in Courtroom 2F before Honorable Judge Liles C. Burke. Set Hearings: Show Cause Hearing set for 6/27/2024 and 6/28/2024 at 09:30 AM in courtroom 2F before Honorable Judge Liles C. Burke. (Term Show Cause Hearings: 05/22/2024 at 9:30 a.m.) (LAB) (Entered: 05/01/2024) | |
| 05/03/2024 | 489 | MOTION to Stay Dispositive Motion and Trial Related Deadlines and Request for Expedited Briefing Schedule by Heather Austin, Brianna Boe, Paul A. Eknes-Tucker, Jane Moe, Robert Moe, Kathy Noe, Megan Poe, Rebecca Roe, Robert Voe, James Zoe. (Vague, Amie) (Entered: 05/03/2024) |
| 05/06/2024 | 490 | NOTICE of Scheduling Conflict and Motion to Reset Hearing by Kathleen Roberta Hartnett (Buck, Brannon) Modified entry on 5/7/2024 (LAB). (Entered: 05/06/2024) |
| 05/07/2024 | 491 | SUPPLEMENT TO NOTICE of Scheduling Conflict by Michael B. Shortnacy re 490 MOTION for Hearing (Rogers, Bruce) Modified on 5/8/2024 to clarify text (GGN). (Entered: 05/07/2024) |
| 05/08/2024 | 492 | NOTICE OF FILING by Carl Solomon Charles, James D. Esseks, and LaTisha Gotell Faulks (Ragsdale, Barry) Modified on 5/8/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 493 | Objection to Supplemental Orders to Show Case by James D. Esseks, Carl Charles, and LaTisha Gotell Faulks. (Ragsdale, Barry) Modified on 5/8/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 494 | ORDER: the Court will provisionally stay the deadline to file dispositive motions and all trial-related deadlines by two weeks. The trial date remains unchanged. The Court will hear argument on the propriety of a longer stay at the May 23 hearing. Any further briefs the parties wish the Court to consider must be filed by May 18, 2024. Signed by Honorable Judge Liles C. Burke on 05/8/24. (GGN) (Entered: 05/08/2024) |
| 05/08/2024 | 495 | NOTICE of Filing Supplemental Declarations by Jeffrey P. Doss and Melody H. Eagan (Attachments: # 1 Exhibit Melody H. Eagan’s Supplemental Declaration, # 2 Exhibit Jeffrey P. Doss’s Supplemental Declaration) (Prater, Harlan) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 496 | MOTION to Alter or Amend Order or, in the alternative, Offer of Proof by Jeffrey P. Doss, Melody H. Eagan. (Attachments: # 1 Exhibit A – Declaration of Gregory P. Joseph) (Prater, Harlan) (Entered: 05/08/2024) |
| 05/08/2024 | 497 | JOINDER re 493 Objection to Supplemental Order to Show Cause by Jeffrey P. Doss, Melody H. Eagan. (Prater, Harlan) (Entered: 05/08/2024) |
| 05/08/2024 | 498 | MOTION to Alter or Amend 449 Order on Submission of Expert Evidence by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Attachments: # 1 Exhibit Declaration of Bruce A. Green) (Vance, Robert) Modified on 5/9/2024 to change event type (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 499 | MOTION to Withdraw as Attorney by United States of America. (Murphy, Amie) (Entered: 05/08/2024) |
| 05/08/2024 | 500 | NOTICE Submission of Scott D. McCoy re 487 in RESPONSE TO MAY 1, 2024 SHOW CAUSE ORDER (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Segall, Robert) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 501 | JOINDER re 487 OF RESPONDENT SCOTT D. MCCOY. (Segall, Robert) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 502 | JOINDER re 487 RESPONDENT SCOTT MCCOY’S SUPPLEMENTAL JOINDER. (Segall, Robert) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 503 | JOINDER re 498 by Asaf Orr. (Ugai, John) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 504 | MOTION to Alter or Amend Order or, in the Alternative, Offer of Proof re 449 Sealed Document by Kathleen Roberta Hartnett. (Attachments: # 1 Exhibit A – Cunningham Declaration) (Buck, Brannon) (Entered: 05/08/2024) |
| 05/08/2024 | 505 | Objection to re 488 Order to Show Cause, 485 Order to Show Cause, Objection by Respondents Jennifer Levi and Shannon Minter to Supplemental Orders to Show Cause filed by Jennifer L. Levi and Shannon Minter. (Otterberg, April) Modified on 5/9/2024 to clarify text (GGN). (Entered: 05/08/2024) |
| 05/08/2024 | 506 | NOTICE by Kathleen Roberta Hartnett of Filing Supplemental Declaration of Kathleen Hartnett (Attachments: # 1 Exhibit A – Hartnett Supplemental Declaration) (Buck, Brannon) (Entered: 05/08/2024) |
| 05/08/2024 | 507 | JOINDER re 496 MOTION to Alter or Amend Order or, in the alternative, Offer of Proof by Jennifer L. Levi, Shannon Minter. (Otterberg, April) (Entered: 05/08/2024) |
| 05/08/2024 | 508 | JOINDER re 493 Objection to Supplemental Orders to Show Cause by Kathleen Roberta Hartnett. (Buck, Brannon) (Entered: 05/08/2024) |
| 05/09/2024 | 509 | JOINDER re 496 MOTION to Alter or Amend Order or, in the alternative, Offer of Proof by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 05/09/2024) |
| 05/10/2024 | 510 | ORDER: Granting 464 Supplemental MOTION for Leave to File /Submit Additional Evidence. Any additional written and documentary evidence that was authorized by that order but has not yet been filed, including any evidence docketed solely as exhibits to the Respondents’ motions for leave to submit additional evidence, must be filed by May 17, 2024. Signed by Honorable Judge Liles C. Burke on 5/10/2024. (LAB) (Entered: 05/10/2024) |
| 05/10/2024 | 511 | TEXT ORDER: A telephonic conference is SET for today, May 10, 2024, at 3:00 p.m. CDT in the ancillary proceedings concerning the eleven Respondents. A member of the Court’s staff will send the parties the dial-in information before the conference begins. Entered by Honorable Judge Liles C. Burke on 5/10/2024. (LAB) (Entered: 05/10/2024) |
| 05/10/2024 | 512 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held on 5/10/2024 (PDF available for court use only). (CS) (Entered: 05/10/2024) |
| 05/10/2024 | 513 | RESPONSE TO SUPPLEMENT ORDER TO SHOW CAUSE re 482 Order to Show Cause filed by Asaf Orr. (Attachments: # 1 Exhibit A) (Ugai, John) Modified on 5/13/2024 to clarify text (GGN). (Entered: 05/10/2024) |
| 05/12/2024 | 514 | Response to Order to Show Cause re 483 Order to Show Cause 406 Order to Show Cause 484 Order to Show Cause filed by Jeffrey P. Doss and Melody H. Eagan. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D) (Prater, Harlan) Modified on 5/13/2024 to clarify text (GGN). (Entered: 05/12/2024) |
| 05/13/2024 | 515 | RESPONSE TO ORDER TO SHOW CAUSE re 480 Order to Show Cause,,,,,, filed by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 05/13/2024) |
| 05/13/2024 | 516 | RESPONSE TO ORDER TO SHOW CAUSE re 487 Order to Show Cause,,,, filed by Scott D. McCoy. (Holliday, Shannon) (Entered: 05/13/2024) |
| 05/13/2024 | 517 | RESPONSE TO ORDER TO SHOW CAUSE re 481 Order to Show Cause,,,, filed by Carl Solomon Charles. (Ragsdale, Barry) (Entered: 05/13/2024) |
| 05/13/2024 | 518 | RESPONSE TO ORDER TO SHOW CAUSE re 486 Order to Show Cause,,,, 478 Order to Show Cause,,,, 481 Order to Show Cause,,,, Brief in Response to Supplemental Orders to Show Cause filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 05/13/2024) |
| 05/13/2024 | 519 | TEXT ORDER: For good cause shown, the United States of America’s Motion to Withdraw Counsel for the United States (Doc. 499 ) is GRANTED. The Clerk of Court is DIRECTED to terminate Amie Murphey as counsel of record in this case. Signed by Honorable Judge Liles C. Burke on 05/13/24. (no pdf attached to this entry) (GGN) (Entered: 05/13/2024) |
| 05/13/2024 | 520 | RESPONSE TO ORDER TO SHOW CAUSE re 488 Order to Show Cause,,,, 485 Order to Show Cause,,,, filed by Jennifer L. Levi, Shannon Minter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Otterberg, April) (Entered: 05/13/2024) |
| 05/13/2024 | 521 | RESPONSE TO ORDER TO SHOW CAUSE re 479 Order to Show Cause,,,, filed by Kathleen Roberta Hartnett. (Attachments: # 1 Exhibit A – Hartnett Declaration, # 2 Exhibit B – Hartnett Supplemental Declaration, # 3 Exhibit C – Corbitt Docket) (Buck, Brannon) (Entered: 05/13/2024) |
| 05/14/2024 | 522 | NOTICE by Scott D. McCoy re 516 Response to Order to Show Cause OF FILING (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Segall, Robert) (Entered: 05/14/2024) |
| 05/16/2024 | 523 | RESPONSE to Motion re 489 MOTION to Stay Dispositive Motion and Trial Related Deadlines and Request for Expedited Briefing Schedule filed by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere. (Attachments: # 1 Exhibit 1 – JHU, # 2 Exhibit 2 – HHS and WPATH SEALED, # 3 Exhibit 3 – Bowers Depo SEALED) (LaCour, Edmund) Modified on 5/16/2024 to clarify the docket text to add the exhibit numbers (WCL). (Additional attachment(s) added on 5/17/2024: # 4 UNREDACTED Response to Motion re 489 Motion) (GGN). (Entered: 05/16/2024) |
| 05/16/2024 | 524 | MOTION for Leave to File Under Seal Unredacted Response to Private Plaintiffs’ Motion to Stay by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere. (LaCour, Edmund) (Entered: 05/16/2024) |
| 05/17/2024 | 525 | NOTICE by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks of Filing April 12, 2022 Email from Ben Gunning to Judge Myron Thompson (Attachments: # 1 Exhibit Email) (Ragsdale, Barry) (Entered: 05/17/2024) |
| 05/17/2024 | 526 | BRIEF/MEMORANDUM in Support , RESPONSE in Support re 489 MOTION to Stay Dispositive Motion and Trial Related Deadlines and Request for Expedited Briefing Schedule filed by United States of America. (Fletcher, James) (Entered: 05/17/2024) |
| 05/17/2024 | 527 | ORDER: Respondents James Esseks, LaTisha Faulks, Carl Charles, and Kathleen Hartnett, and non-respondent Milo Inglehart are ORDERED to produce the Q & A document by 5/20/24 at 5:00 p.m. or show cause why they should not be sanctioned for violating a court order. Any Respondent or non-Respondent who fails to comply must appear at the U.S. Courthouse in Montgomery, Alabama on 5/23/24 at 9:30 a.m. to show cause why the Court should not impose monetary sanctions for non-compliance and remand him or her to the custody of the U.S. Marshals Service until he or she complies, as further set out in the Order. Signed by Honorable Judge Liles C. Burke on 05/17/24. (GGN) (Entered: 05/17/2024) |
| 05/18/2024 | 528 | Response to Court’s 5/17/2024 527 Order and Emergency Motion for Status Conference and Stay of Production Deadline filed by Kathleen Roberta Hartnett. (Attachments: # 1 Exhibit A – Nov. 3, 2022 Hrg. Trans. Excerpt) (Buck, Brannon) Modified on 5/20/2024 to clarify text. (DMN) (Entered: 05/18/2024) |
| 05/18/2024 | EMERGENCY MOTION for Status Conference, and MOTION to Stay Production Deadline by Kathleen Roberta Hartnett. (DMN) (no pdf, see Doc. 528 ) (Entered: 05/20/2024) | |
| 05/19/2024 | 529 | Response to 5/17/2024 527 Order to Show Cause, filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Vance, Robert) Modified on 5/20/2024 to clarify text. (DMN) (Entered: 05/19/2024) |
| 05/19/2024 | 530 | NON-PARTY MOTION to be Excused from the directives of this Court’s 5/17/2024 527 Order, by Milo Rohr Inglehart. (Vance, Robert) Modified on 5/20/2024 to clarify text and create link. (DMN) (Entered: 05/19/2024) |
| 05/19/2024 | 531 | JOINDER re 528 Response to Order, by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 05/19/2024) |
| 05/19/2024 | 532 | NOTICE by Kathleen Roberta Hartnett of Intent to File Emergency Motion to Stay and Petition for Writ of Mandamus in the Eleventh Circuit (Buck, Brannon) (Entered: 05/19/2024) |
| 05/19/2024 | ***Attorney Barry Alan Ragsdale added for Non-Party Milo Rohr Inglehart. (DMN) (no pdf, see Doc. 530 ) (Entered: 05/20/2024) | |
| 05/20/2024 | 533 | TEXT ORDER: The Court sets a hearing (Status Conference) for today, May 20, 2024 at 1:30 p.m. CDT concerning the order issued May 17, 2024 before Honorable Judge Liles C. Burke. The hearing will be conducted by zoom. The parties will receive a call-in link from court staff sometime before the hearing. Signed by Honorable Judge Liles C. Burke on 5/20/2024. Furnished calendar, DH, VIDEO CONF. (DMN) (no pdf) (Entered: 05/20/2024) |
| 05/20/2024 | 535 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke: Status Conference held on 5/20/2024 (PDF available for court use only). (Recording Time 1:35-2:00.) (DH) (Entered: 05/20/2024) |
| 05/21/2024 | 536 | RESPONSE TO ORDER TO SHOW CAUSE re 486 Order to Show Cause,,,, 478 Order to Show Cause,,,, 481 Order to Show Cause,,,, Regarding Other Respondents’ Briefs filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 05/21/2024) |
| 05/21/2024 | 537 | RESPONSE TO ORDER TO SHOW CAUSE filed by Jeffrey P. Doss, Melody H. Eagan. (Prater, Harlan) (Entered: 05/21/2024) |
| 05/21/2024 | 538 | NOTICE by Scott D. McCoy re 527 Order to Show Cause,, of Possible Unavailability and Request to be Conditionally Released from Hearing on May 23,2024 (Segall, Robert) (Entered: 05/21/2024) |
| 05/21/2024 | 539 | RESPONSE TO ORDER TO SHOW CAUSE re 479 Order to Show Cause,,,, Regarding Response to Other Respondents’ Briefs filed by Kathleen Roberta Hartnett. (Buck, Brannon) (Entered: 05/21/2024) |
| 05/21/2024 | 540 | RESPONSE TO ORDER TO SHOW CAUSE re 527 Order to Show Cause,, filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks, Milo Rohr Inglehart. (Ragsdale, Barry) (Entered: 05/21/2024) |
| 05/21/2024 | 541 | RESPONSE TO ORDER TO SHOW CAUSE re 487 Order to Show Cause,,,, ADDRESSING OTHER RESPONDENTS’ BRIEFS filed by Scott D. McCoy. (Segall, Robert) (Entered: 05/21/2024) |
| 05/21/2024 | 542 | RESPONSE TO ORDER TO SHOW CAUSE re 488 Order to Show Cause,,,, 485 Order to Show Cause,,,, filed by Jennifer L. Levi, Shannon Minter. (Otterberg, April) (Entered: 05/21/2024) |
| 05/21/2024 | 543 | RESPONSE TO ORDER TO SHOW CAUSE re 480 Order to Show Cause,,,,,, filed by Michael B. Shortnacy. (Rogers, Bruce) (Entered: 05/21/2024) |
| 05/21/2024 | 544 | RESPONSE TO ORDER TO SHOW CAUSE re 482 Order to Show Cause,,,, filed by Asaf Orr. (Ugai, John) (Entered: 05/21/2024) |
| 05/21/2024 | 545 | USCA Clerk’s Order of Dismissal issued as Mandate on Petition for Writ of Mandamus to the USDC/MDAL, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 24-11618-J: Motion to voluntarily dismiss appeal filed by Petitioners James D. Esseks, Carl Charles, Latisha Faulks, Milo Inglehart and Kathleen Hartnett is GRANTED by clerk. Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date. ORDER: Motion to withdraw motion filed by Petitioners James D. Esseks, Carl Charles, Latisha Faulks, Milo Inglehart and Kathleen Hartnett is GRANTED by clerk. FOR THE COURT BY DIRECTION. (DMN) (Entered: 05/22/2024) |
| 05/22/2024 | 546 | ORDER: the Court would not wish Mr. McCoy to give a second thought to tomorrow’s hearing and unconditionally excuses him from attending. Signed by Honorable Judge Liles C. Burke on 05/22/24. (GGN) (Entered: 05/22/2024) |
| 05/22/2024 | 547 | ORDER: granting (Doc. 524 ) Defendants’ Motion for Leave to File Under Seal Unredacted Response to Private Plaintiffs’ Motion to Stay. Signed by Honorable Judge Liles C. Burke on 05/22/24. (GGN) (Entered: 05/22/2024) |
| 05/23/2024 | 548 | TEXT ORDER: On May 20, 2024, the Court gave Respondents James Esseks, LaTisha Faulks, Carl Charles, and Kathleen Hartnett, and Non-Respondent Milo Inglehart a deadline of 5:00 p.m. CDT on May 24, 2024 to file additional briefing on the Court’s May 17 Order; set a zoom hearing on the matter for 9:30 a.m. CDT on May 28, 2024; and stayed the deadline to produce the Q & A Document until May 28, 2024 at 5:00 p.m. CDT. The Court hereby STAYS the deadline for Respondents Esseks, Faulks, Charles, and Hartnett, and Non-Respondent Inglehart to produce the Q & A Document until the Court has had time to consider their arguments at the May 28 hearing and any additional briefing they may file. Signed by Honorable Judge Liles C. Burke on 05/23/24. (GGN) (Entered: 05/23/2024) |
| 05/23/2024 | 549 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Motion Hearing/Show Cause Hearing held on 5/23/2024 (PDF available for court use only). (Recording Time 9:45-12:55.) (DH) (Entered: 05/23/2024) |
| 05/24/2024 | 550 | TEXT ORDER: The Court sets a hearing (Status Conference) for today, May 24, 2024 at 3:30 p.m. CDT concerning the hearing set for May 28, 2024 before Honorable Judge Liles C. Burke. The hearing will be conducted by zoom. The parties will receive a call-in link from court staff sometime before the hearing. Signed by Honorable Judge Liles C. Burke on 05/24/24. (furn: calendar, DH and LW) (GGN) (Entered: 05/24/2024) |
| 05/24/2024 | 551 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Status Conference held on 5/24/2024 (PDF available for court use only). (Recording Time 3:30-3:35.) (DH) (Entered: 05/24/2024) |
| 05/24/2024 | 552 | RESPONSE TO ORDER TO SHOW CAUSE re 535 Status Conference, 527 Order to Show Cause,, 548 Order,,,, Set Hearings,,, – Respondents’ Brief Regarding Their Attorney-Client Privileged Communications and the Inapplicability of the Crime-Fraud Exception filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks, Kathleen Roberta Hartnett, Milo Rohr Inglehart. (Attachments: # 1 Exhibit A – 05/20/24 Hearing Transcript, # 2 Exhibit B – Declaration Excerpts, # 3 Exhibit C – Pages from 11/03/22 Hearing Transcript (Doc. 79)) (Buck, Brannon) (Entered: 05/24/2024) |
| 05/24/2024 | 553 | ORDER denying 489 MOTION to Stay Dispositive Motion and Trial-Related Deadlines and Request for Expedited Briefing Schedule; Because all remaining deadlines have been stayed two weeks, the new deadlines are as follows: Dispositive Motions: All potentially dispositive motions (except Daubert motions) must be filed by 6/10/2024. Daubert Motions: Daubert motions must be filed by 6/24/2024. Final Lists: List of trial witnesses and exhibits must be filed by 8/2/2024. Any objections to such lists, including objections under Federal Rule of Civil Procedure 26(a)(3), must be filed within fourteen days thereafter. Trial: This case is set for trial 10/28/2024. Signed by Honorable Judge Liles C. Burke on 5/24/2024. (furn: calendar, dh, lfw)(RESET: Non-Jury Trial from 8/12/2024 to 10/28/2024) (WCL) (Entered: 05/24/2024) |
| 05/24/2024 | 554 | TEXT ORDER: For the reasons given on the record at the hearing on May 10, 2024, the Court GRANTS Respondent Kathleen Hartnett’s Motion to Reset Hearing (Doc. 490 ) and RESETS the show-cause hearing for Respondents Kathleen Hartnett and Michael Shortnacy to June 24, 2024 at 9:30 a.m. in Courtroom 2F of the U.S. Courthouse in Montgomery, Alabama. Signed by Honorable Judge Liles C. Burke on 5/24/2024. (furn: calendar, dh, lfw) (RESET: Show Cause Hearing from 6/27 & 6/28 to 6/24 @ 9:30am) (WCL) (Entered: 05/24/2024) |
| 05/24/2024 | 555 | TEXT ORDER: For the reasons stated on the record on May 24, 2024, the Court RESETS the zoom hearing scheduled for 9:30 a.m. on May 28, 2024, to an in-person hearing at 10:30 a.m. the same day at the Roberst S. Vance Federal Building in Birmingham, Alabama. Signed by Honorable Judge Liles C. Burke on 5/24/2024. (furn: calendar, dh, lfw) (Term: Telephone Conference on 05/28/2024 @ 9:30 am) (SET: In-Person Status Conference for 5/28/2024 @ 10:30 am, Birmingham, AL) (WCL) (Entered: 05/24/2024) |
| 05/27/2024 | 556 | MOTION for Leave to File Under Seal Unredacted Motion for Summary Judgment and Brief and Evidentiary Submissions in Support by Tom Anderson, Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, Jessica Ventiere. (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/27/2024 | 557 | NOTICE by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere of Evidentiary Submission in Support of Summary Judgment (Exhibits 1-50) (Attachments: # 1 Exhibit 1 – Act 2022-289, # 2 Exhibit 2 – Cantor Report, # 3 Exhibit 3 – Cantor Supp. Report, # 4 Exhibit 4 – Cantor Supp. Report App. A PUBLIC, # 5 Exhibit 5 – Hruz Report, # 6 Exhibit 6 – Hruz Supp. Report PUBLIC, # 7 Exhibit 7 – Laidlaw Report, # 8 Exhibit 8 – Laidlaw Supp. Report PUBLIC, # 9 Exhibit 9 – Laidlaw 2nd Supp. Report PUBLIC, # 10 Exhibit 10 – Thompson Report, # 11 Exhibit 11 – Nangia Report, # 12 Exhibit 12 – Nangia Supp. Report PUBLIC, # 13 Exhibit 13 – Nangia 2nd Supp. Report PUBLIC, # 14 Exhibit 14 – Curlin Report, # 15 Exhibit 15 – Kaliebe Report, # 16 Exhibit 16 – Kaliebe Supp. Report PUBLIC, # 17 Exhibit 17 – Lappert Report, # 18 Exhibit 18 – Bowers Depo. Tr. PUBLIC, # 19 Exhibit 19 – Bowers Depo Exs. 1-24 PUBLIC, # 20 Exhibit 20 – Bowers Depo Exs. 25-30 PUBLIC, # 21 Exhibit 21 – Coleman Depo Tr. PUBLIC, # 22 Exhibit 22 – Coleman Depo Exs. 1-19 PUBLIC, # 23 Exhibit 23 – Coleman Depo. Exs. 20-29 PUBLIC, # 24 Exhibit 24 – Karasic Depo Tr. PUBLIC, # 25 Exhibit 25 – Karasic Depo Exs. 1-23 PUBLIC, # 26 Exhibit 26 – Abdul-Latif Depo. Tr. PUBLIC, # 27 Exhibit 27 – Abdul-Latif Depo Exs. 1-5 PUBLIC, # 28 Exhibit 28 – Abdul-Latif Depo Exs. 6-9 PUBLIC, # 29 Exhibit 29 – Abdul-Latif Depo Ex. 10 PUBLIC, # 30 Exhibit 30 – Abdul-Latif Depo Exs. 11-15 PUBLIC, # 31 Exhibit 31 – Abdul-Latif Depo Exs. 16-19 PUBLIC, # 32 Exhibit 32 – Abdul-Latif Depo Exs. 20-21 PUBLIC, # 33 Exhibit 33 – Ladinsky Depo. Tr., # 34 Exhibit 34 – Ladinsky Depo Exs. 1-5, # 35 Exhibit 35 – Ladinsky Depo Exs. 11-20, # 36 Exhibit 36 – Ladinsky Depo Exhs. 21-33, # 37 Exhibit 37 – Austin Depo Tr. PUBLIC, # 38 Exhibit 38 – Austin Depo Exs. PUBLIC, # 39 Exhibit 39 – Shumer Depo Tr. REDACTED, # 40 Exhibit 40 – Shumer Depo Exhs. 1-13, # 41 Exhibit 41 – Shumer Depo Exs. 14-25, # 42 Exhibit 42 – Shumer Depo Exs. 26-42, # 43 Exhibit 43 – Antommaria Depo Tr., # 44 Exhibit 44 – Antommaria Depo Exs. 1-3, # 45 Exhibit 45 – Antommaria Depo Exs. 4-8, # 46 Exhibit 46 – Antommaria Depo Exs. 9-14, # 47 Exhibit 47 – Antommaria Depo Ex. 15-16, # 48 Exhibit 48 – Antommaria Depo Ex. 17, # 49 Exhibit 49 – Antommaria Depo Ex. 18, # 50 Exhibit 50 – Antommaria Depo Exs. 19-21) (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/27/2024 | 558 | NOTICE by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere of Evidentiary Submission in Support of Summary Judgment (Exhibits 51-100) (Attachments: # 1 Exhibit 51 – Antommaria Depo Exs. 22-23, # 2 Exhibit 52 – Antommaria Depo Exs. 24-25, # 3 Exhibit 53 – Antommaria Depo Ex. 26, # 4 Exhibit 54 – Antommaria Depo Ex. 27, # 5 Exhibit 55 – Antommaria Depo Exs. 28-30, # 6 Exhibit 56 – Antommaria Depo Exs. 31-33, # 7 Exhibit 57 – Antommaria Depo Exs. 34-39, # 8 Exhibit 58 – Antommaria Depo Exs. 40-42, # 9 Exhibit 59 – McNamara Depo Tr., # 10 Exhibit 60 – McNamara Depo Exs. 1-5, # 11 Exhibit 61 – McNamara Depo Exs. 6-9, # 12 Exhibit 62 – McNamara Depo Exs. 10-13, # 13 Exhibit 63 – McNamara Depo Ex. 14, # 14 Exhibit 64 – McNamara Depo Ex. 15, # 15 Exhibit 65 – McNamara Depo Exs. 16-22, # 16 Exhibit 66 – Janssen Depo Tr., # 17 Exhibit 67 – Janssen Depo Exs. 1-14, # 18 Exhibit 68 – Janssen Depo Exs. 15-20, # 19 Exhibit 69 – Lightdale Depo Tr. PUBLIC, # 20 Exhibit 70 – Lightdale Depo Exs. 1-5 PUBLIC, # 21 Exhibit 71 – Lightdale Depo Exs. 6-11 PUBLIC, # 22 Exhibit 72 – Lightdale Depo Exs. 12-15 PUBLIC, # 23 Exhibit 73 – Lightdale Depo Exs. 16-18 PUBLIC, # 24 Exhibit 74 – Goodman Depo Tr. PUBLIC, # 25 Exhibit 75 – Goodman Depo Exs. 1-4 PUBLIC, # 26 Exhibit 76 – Goodman Depo Ex. 5 PUBLIC, # 27 Exhibit 77 – Goodman Depo Exs. 6-8 PUBLIC, # 28 Exhibit 78 – Goodman Depo Exs. 9-15 PUBLIC, # 29 Exhibit 79 – Caughey Depo. Tr., # 30 Exhibit 80 – Caughey Depo Exs. 1-5, # 31 Exhibit 81 – Caughey Depo Exs. 7-21, # 32 Exhibit 82 – Caughey Depo Exs. 24-49, # 33 Exhibit 83 – Caughey Depo Exs. 51-54, # 34 Exhibit 84 – Cass Review, # 35 Exhibit 85 – Cass Review BMJ, # 36 Exhibit 86 – York SR Guidelines 1, # 37 Exhibit 87 – York SR Guidelines 2, # 38 Exhibit 88 – York SR PBs, # 39 Exhibit 89 – York SR CSHs, # 40 Exhibit 90 – York SR Psychosocial, # 41 Exhibit 91 – York SR Social, # 42 Exhibit 92 – York SR GIDS 1, # 43 Exhibit 93 – York SR GIDS 2, # 44 Exhibit 94 – York SR EU, # 45 Exhibit 95 – NICE SR PBs, # 46 Exhibit 96 – NICE SR CSHs, # 47 Exhibit 97 – NHS PB, # 48 Exhibit 98 – NHS CSH, # 49 Exhibit 99 – NHS Cass, # 50 Exhibit 100 – NHS Adult) (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/27/2024 | 559 | NOTICE by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere of Evidentiary Submission in Support of Summary Judgment (Exhibits 101 – 150) (Attachments: # 1 Exhibit 101 – Ghorayshi England, # 2 Exhibit 102 – Barnes England, # 3 Exhibit 103 – Sweden Summary, # 4 Exhibit 104 – Sweden Evid. Summary, # 5 Exhibit 105 – Sweden Translation, # 6 Exhibit 106 – Sweden SR, # 7 Exhibit 107 – Finland Summary, # 8 Exhibit 108 – Finland Translation, # 9 Exhibit 109 – Norway Translation, # 10 Exhibit 110 – Norway BMJ, # 11 Exhibit 111 – Scotland Policy, # 12 Exhibit 112 – Ghorayshi Scotland, # 13 Exhibit 113 – WHO Development FAQ, # 14 Exhibit 114 – AHRQ Final Brief, # 15 Exhibit 115 – ES Guideline 2017, # 16 Exhibit 116 – WPATH SOC8, # 17 Exhibit 117 – WPATH Jt. Letter, # 18 Exhibit 118 – WPATH Lit Review, # 19 Exhibit 119 – Block BMJ, # 20 Exhibit 120 – Sibarium AAP, # 21 Exhibit 121 – Mason AAP, # 22 Exhibit 122 – Ghorayshi AAP, # 23 Exhibit 123 – Singal Zucker, # 24 Exhibit 124 – Wright Zucker, # 25 Exhibit 125 – Ciszek Zucker, # 26 Exhibit 126 – Zucker Persistence, # 27 Exhibit 127 – Hughes WPATH Files, # 28 Exhibit 128 – Hughes WPATH Tr., # 29 Exhibit 129 – Reed Affidavit, # 30 Exhibit 130 – Reed Free Press, # 31 Exhibit 131 – Pietzke Free Press, # 32 Exhibit 132 – Jarvie LA Times, # 33 Exhibit 133 – Shrier Free Press, # 34 Exhibit 134 – Anderson Health Establishment, # 35 Exhibit 135 – Anderson SF Exam, # 36 Exhibit 136 – Edwards-Leeper, # 37 Exhibit 137 – Kaltiala Free Press, # 38 Exhibit 138 – Kaltiala Psychiatric Needs, # 39 Exhibit 139 – Bazelon Battle, # 40 Exhibit 140 – Reuters Gender Imbalance, # 41 Exhibit 141 – Ghorayshi Top Surgery, # 42 Exhibit 142 – Williams Inst Survey, # 43 Exhibit 143 – Definitive Healthcare, # 44 Exhibit 144 – Pediatric News Transition Regret, # 45 Exhibit 145 – Economist, # 46 Exhibit 146 – Cohn Declaration, # 47 Exhibit 147 – Cohn Wash Post, # 48 Exhibit 148 – Vandenbussche Detransition, # 49 Exhibit 149 – Littman Detransition, # 50 Exhibit 150 – Littman Survey) (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/27/2024 | 560 | NOTICE by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere of Evidentiary Submission in Support of Summary Judgment (Exhibits 151-190) (Attachments: # 1 Exhibit 151 – AAP News, # 2 Exhibit 152 – Lupron Black Box, # 3 Exhibit 153 – Abbruzzese Myth, # 4 Exhibit 154 – Baxendale, # 5 Exhibit 155 – Bhargava, # 6 Exhibit 156 – Biggs Suicidality, # 7 Exhibit 157 – Biggs Suicide, # 8 Exhibit 158 – Biggs Dutch Protocol, # 9 Exhibit 159 – Dhejne, # 10 Exhibit 160 – Diaz ROGD, # 11 Exhibit 161 – Erlangsen, # 12 Exhibit 162- Levine Current Concerns, # 13 Exhibit 163- Levine Response, # 14 Exhibit 164 – Levine Reconsidering, # 15 Exhibit 165- Littman ROGD, # 16 Exhibit 166 – JHU 1, # 17 Exhibit 167 – JHU 2, # 18 Exhibit 168 – JHU 3, # 19 Exhibit 169 – HHS 1, # 20 Exhibit 170 – HHS 2 PUBLIC, # 21 Exhibit 171 – HHS 3, # 22 Exhibit 172 – HHS 4 PUBLIC, # 23 Exhibit 173 – HHS 5 PUBLIC, # 24 Exhibit 174 – WPATH 1 PUBLIC, # 25 Exhibit 175 – WPATH 2 PUBLIC, # 26 Exhibit 176 – WPATH 3 PUBLIC, # 27 Exhibit 177 – WPATH 4 PUBLIC, # 28 Exhibit 178 – WPATH 5 PUBLIC, # 29 Exhibit 179 – WPATH 6 PUBLIC, # 30 Exhibit 180 – WPATH 7 PUBLIC, # 31 Exhibit 181 – WPATH 8 PUBLIC, # 32 Exhibit 182 – WPATH 9 PUBLIC, # 33 Exhibit 183 – WPATH 10 PUBLIC, # 34 Exhibit 184 – WPATH 11 PUBLIC, # 35 Exhibit 185 – WPATH 12 PUBLIC, # 36 Exhibit 186 – WPATH 13 PUBLIC, # 37 Exhibit 187 – WPATH 14 PUBLIC, # 38 Exhibit 188 – WPATH 15 PUBLIC, # 39 Exhibit 189 – WPATH 16 PUBLIC, # 40 Exhibit 190 – WPATH 17 PUBLIC) (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/27/2024 | 561 | MOTION for Summary Judgment and Brief in Support by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere. (LaCour, Edmund) (Entered: 05/27/2024) |
| 05/28/2024 | 562 | SEALED Notice of Filing Under Seal re 556 MOTION for Leave to File Under Seal Unredacted Motion for Summary Judgment and Brief and Evidentiary Submissions in Support. (LAB) (Entered: 05/28/2024) |
| 05/28/2024 | 563 | USCA ORDER as to 108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707: The motion to withdraw as counsel for Appellees filed by Attorney Michael B. Shortnacy is GRANTED. ENTERED FOR THE COURT BY DIRECTION. (DMN) (Entered: 05/28/2024) |
| 05/28/2024 | 564 | UNDER SEAL MOTION for Summary Judgment and Brief in Support filed by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere . (Attachments: # 1 Exhibit APPENDIX A TO SUPP EXPERT REPORT OF J. CANTOR, # 2 Exhibit SUPP EXPERT REPORT OF P. HRUZ, # 3 Exhibit SUPP EXPERT REPORT OF M. LAIDLAW # 4 Exhibit SUPP EXPERT REPORT OF M. LAIDLAW, # 5 Exhibit SUPP EXPERT REPORT OF G. NANGIA, # 6 Exhibit SECOND SUPP EXPERT REPORT OF G. NANGIA, # 7 Exhibit SUPP EXPERT REPORT OF K. KALIEBE, # 8 Exhibit Bowers Depo Trial, # 9 Exhibit Bowers Depo Exhibits 1-24, # 10 Exhibit Bowers Depo Exhibits 25-30, # 11 Exhibit Coleman Depo Trial, # 12 Exhibit Coleman Depo Exhibits 1-19, # 13 Exhibit Cole Depo Exhibits 20-29, # 14 Exhibit Karasic Depo Trial, # 15 Exhibit Karasic Depo Exhibits 1-23, # 16 Exhibit Abdul-Latif Depo Trial, # 17 Exhibit Abdul-Latif Depo Exhibits 1-5, # 18 Exhibit Abdul-Latif Depo Exhibits 6-9, # 19 Exhibit Abdul-Latif Depo Exhibit 10, # 20 Exhibit Abdul-Latif Depo Exhibits 11-15, # 21 Exhibit Abdul-Latif Depo Exhibits 16-19, # 22 Exhibit Abdul-Latif Depo Exhibits 20-21, # 23 Exhibit Austin Depo Trial, # 24 Exhibit Austin Depo Exhibits, # 25 Exhibit Shumer Depo Trial, # 26 Exhibit Lightdale Depo Trial, # 27 Exhibit Lightdale Depo Exhibits 1-5, # 28 Exhibit Lightdale Depo Exhibits 6-11, # 29 Exhibit Lightdale Depo Exhibits 12-15, # 30 Exhibit Lightdale Depo Exhibits 16-18, # 31 Exhibit Goodman Depo Trial, # 32 Exhibit Goodman Depo Exhibits 1-4, # 33 Exhibit Goodman Depo Exhibits 5, # 34 Exhibit Goodman Depo Exhibits 6-8, # 35 Exhibit Goodman Depo Exhibits 9-15, # 36 Exhibit HHS 2, # 37 Exhibit HHS 4, # 38 Exhibit HHS 5, # 39 Exhibit WPATH 1, # 40 Exhibit WPATH 2, # 41 Exhibit WPATH 3, # 42 Exhibit WPATH 4, # 43 Exhibit WPATH 5, # 44 Exhibit WPATH 6, # 45 Exhibit WPATH 7, # 46 Exhibit WPATH 8, # 47 Exhibit WPATH 9, # 48 Exhibit WPATH 10, # 49 Exhibit WPATH 11, # 50 Exhibit WPATH 12, # 51 Exhibit WPATH 13, # 52 Exhibit WPATH 14, # 53 Exhibit WPATH 15, # 54 Exhibit WPATH 16, # 55 Exhibit WPATH 17) (LAB) Modified on 5/28/2024 (LAB). (Entered: 05/28/2024) |
| 05/28/2024 | Minute Entry for proceedings held before Honorable Judge Liles C. Burke. Status Conference held on 5/28/2024 (NO PDF ATTACHED). (Recording Time 10:42-1:52.) (DH). (Entered: 06/04/2024) | |
| 05/29/2024 | 565 | Joint MOTION for Extension of Time to File Response/Reply as to 561 MOTION for Summary Judgment and Brief in Support by United States of America. (Toyama, Kaitlin) (Entered: 05/29/2024) |
| 05/30/2024 | 566 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/20/2024, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/20/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 8/28/2024. (BES) (Entered: 05/30/2024) |
| 05/30/2024 | 567 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/23/2024, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/20/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 8/28/2024. (BES) (Entered: 05/30/2024) |
| 05/30/2024 | 568 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/28/2024, before Judge Liles C. Burke. Court Reporter/Transcriber Christina K. Decker, Telephone number (256) 506-0085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/20/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 8/28/2024. (BES) (Entered: 05/30/2024) |
| 05/31/2024 | 569 | ORDER: For good cause shown, Defendants’ Motion for Leave to File Under Seal Unredacted Motion for Summary Judgment and Brief and Evidentiary Submissions in Support (Doc. 556 ) is GRANTED. Signed by Honorable Judge Liles C. Burke on 05/31/24. (GGN) (Entered: 05/31/2024) |
| 05/31/2024 | 570 | TEXT ORDER: For good cause shown, Plaintiffs’ Unopposed Joint Motion to Extend Deadline to Respond to Defendants’ Motion for Summary Judgment (Doc. 565 ) is GRANTED. Any briefs in opposition to Defendants’ Motion for Summary Judgment is due July 1, 2024. Signed by Honorable Judge Liles C. Burke on 05/31/24. (GGN) (Entered: 05/31/2024) |
| 05/31/2024 | 571 | MOTION to Have the Court Take Judicial Notice by Jeffrey P. Doss, Melody H. Eagan. (Franklin, Samuel) (Entered: 05/31/2024) |
| 06/03/2024 | 572 | Motion to Appear Pro Hac Vice as to Katharine Rachel McLaughlin ( Filing fee $ 100 receipt number AALMDC-3649359.) by Jennifer L. Levi, Shannon Minter. (Attachments: # 1 Certificate of Good Standing) (Segall, Robert) Modified text on 6/4/2024 (LAB). (Entered: 06/03/2024) |
| 06/03/2024 | ***Attorney Katharine Rachel McLaughlin added as Pro Hac Vice for Jennifer L. Levi and Shannon Minter per DE 572 . (LAB) (Entered: 06/04/2024) | |
| 06/14/2024 | 573 | ORDER: The Court ORDERS Respondents James Esseks, LaTisha Faulks, Carl Charles, and Kathleen Hartnett to submit the Q&A Document in its native format, with all metadata, by June 18, 2024 at 5:00 p.m. Signed by Honorable Judge Liles C. Burke on 6/14/2024. (See Order for Further Details) (LAB) (Entered: 06/14/2024) |
| 06/18/2024 | 574 | NOTICE of Compliance by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks, Kathleen Roberta Hartnett re 573 Order, (Buck, Brannon) Modified text on 6/18/2024 (LAB). (Entered: 06/18/2024) |
| 06/18/2024 | 575 | MOTION for Leave to Substitute Summary Judgment Motion and Evidentiary Submissions on the Public Docket re 560 NOTICE OF EVIDENTIARY SUBMISSION IN SUPPORT OF SUMMARY JUDGMENT 561 MOTION for Summary Judgment and Brief in Support, 557 NOTICE OF EVIDENTIARY SUBMISSION IN SUPPORT OF SUMMARY JUDGMENT by Daryl D. Bailey, Danny Carr, Champ Crocker, Steve Marshall, James H. Tarbox, Jessica Ventiere. (LaCour, Edmund) Modified text on 6/18/2024 (LAB). (Entered: 06/18/2024) |
| 06/18/2024 | 576 | Objection to re 573 Order, filed by Carl Solomon Charles, James D. Esseks, LaTisha Gotell Faulks. (Ragsdale, Barry) (Entered: 06/18/2024) |
| 06/20/2024 | 577 | ORDER: DENYING Motion to Alter or Amend Order (Doc. 496 ), the Motion to Alter or Amend Order on Submission of Expert Evidence (Doc. 498 ), and Respondent Kathleen Hartnett’s Motion to Alter or Amend Order (Doc. 504 ). Signed by Honorable Judge Liles C. Burke on 6/20/2024. (LAB) (Entered: 06/20/2024) |
| 06/20/2024 | 578 | ORDER: The Court ORDERS Respondents Melody Eagan, Jeffrey Doss, Scott McCoy, Asaf Orr, Michael Shortnacy, Jennifer Levi, Shannon Minter, James Esseks, LaTisha Faulks, Carl Charles, and Kathleen Hartnett to provide the Court with copies of any public statements they or their organizations have made about these attorney-disciplinary proceedings, including press releases, website content, social media posts, interviews, public speeches, newsletters, and public emails, by June 22, 2024 at 5:00 p.m. Signed by Honorable Judge Liles C. Burke on 6/20/2024. (See Order for Details) (LAB) (Entered: 06/20/2024 |
Last updated 06/21/2024
Reconciled with online docket 06/21/2024