S.D. Ind. 1:21-cv-02965 Docket
A.C. v. Metropolitan School District of Martinsville
No. 1:21-cv-02965, Case History (under construction)
Court: Southern District of Indiana (Indianapolis)
Assigned to: Judge Tanya Walton Pratt
Referred to: Magistrate Judge Mark J. Dinsmore
(previously Magistrate Judge Tim A. Baker, reassigned 03/25/2024; recused)
(previously Magistrate Judge Matthew P. Brookman, reassigned 04/05/23)
| Date Filed | # | Docket Text |
| 12/03/2021 | 1 | COMPLAINT for Declaratory and Injunctive Relief and Damages against All Defendants, filed by A. C.. (Filing fee $402, receipt number AINSDC-6868691) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 2 | NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 3 | MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A. C.. (Attachments: # 1 Declaration of M.C., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 4 | BRIEF/MEMORANDUM in Support re 3 MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym , filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 5 | SEALED -Notice of Intention to Seek Leave to Proceed by Pseudonym, filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 6 | NOTICE of Appearance by Kathleen Belle Bensberg on behalf of Plaintiff A. C.. (Bensberg, Kathleen) (Entered: 12/03/2021) |
| 12/03/2021 | 7 | NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff A. C.. (Pactor, Stevie) (Entered: 12/03/2021) |
| 12/03/2021 | 8 | NOTICE of Appearance by Megan Stuart on behalf of Plaintiff A. C.. (Stuart, Megan) (Entered: 12/03/2021) |
| 12/03/2021 | 9 | MOTION for Preliminary Injunction , filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/03/2021) |
| 12/03/2021 | 10 | ORDER – This matter is before the Court on Plaintiff’s Motion for Preliminary Injunction (Dkt. 9 ). Parties are to meet with Magistrate Judge Matthew P. Brookman to discuss a discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiff shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 12/3/2021.(AKH) (Entered: 12/03/2021) |
| 12/03/2021 | 11 | NOTICE of Compliance, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 12/03/2021) |
| 12/06/2021 | 12 | Summonses Issued as to METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, and PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (DJH) (Entered: 12/06/2021) |
| 12/06/2021 | 13 | MAGISTRATE JUDGE’s NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 12/06/2021) |
| 12/07/2021 | 14 | SCHEDULING ORDER – The above case is hereby assigned for a TELEPHONIC STATUS CONFERENCE on DECEMBER 9, 2021 at 2:00 p.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 12/7/2021.(AAS) (Entered: 12/07/2021) |
| 12/08/2021 | 16 | NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Mayes, Jonathan) (Entered: 12/08/2021) |
| 12/08/2021 | 17 | NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 12/08/2021) |
| 12/08/2021 | 18 | NOTICE of Appearance by Mark Wohlford on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Wohlford, Mark) (Entered: 12/08/2021) |
| 12/08/2021 | 19 | NOTICE of Parties’ First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Mayes, Jonathan) (Entered: 12/08/2021) |
| 12/09/2021 | 20 | NOTICE of Compliance with Local Rule 10-1, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 12/09/2021) |
| 12/10/2021 | 21 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 12/9/2021. The briefing schedule for Plaintiff’s Motion for Preliminary Injunction (Docket No. 9 ) shall be as follows: A. Plaintiff’s brief in support of the Motion for Preliminary Injunction shall be filed by January 18, 2022. B. Defendants’ response shall be filed by February 18, 2022. C. Plaintiff’s reply shall be filed by February 28, 2022. All discovery relating to Plaintiff’s Motion for Preliminary Injunction (Docket No. 9 ) shall be completed by January 14, 2022. Status Conference set for 1/12/2022 at 04:00 PM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 12/10/2021) |
| 12/15/2021 | 22 | SCHEDULING ORDER – Plaintiff’s Motion for Preliminary Injunction is set for oral argument on April 8, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Parties are allotted a total of two hours. Signed by Judge Tanya Walton Pratt on 12/15/2021. (AKH) (Entered: 12/15/2021) |
| 12/20/2021 | 23 | ORDER granting 3 Motion to Proceed by Pseudonym – Motion for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym is GRANTED, and the mother of the plaintiff shall proceed in this case as M.C. and defendants shall not publicly disclose her true name. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 12/20/2021. (JRB) (Entered: 12/20/2021) |
| 01/11/2022 | 25 | Joint MOTION to Extend Schedule, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/11/2022) |
| 01/12/2022 | 26 | ORDER – The parties, having submitted 25 their Joint Motion to Extend Schedule, and the Court having read the motion and being duly advised, finds that good cause exists to grant it. (See Order). Signed by Judge Tanya Walton Pratt on 1/12/2022. (AKH) (Entered: 01/12/2022) |
| 01/13/2022 | 27 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/12/2022. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (LES) (Entered: 01/13/2022) |
| 01/25/2022 | 28 | ANSWER to 1 Complaint , filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL.(Zimmerly, Philip) (Entered: 01/25/2022) |
| 02/01/2022 | 29 | Appendix of Exhibits in Support of Motion re 9 MOTION for Preliminary Injunction , filed by Plaintiff A. C.. (Attachments: # 1 Exhibit 1: Declaration of James D. Fortenberry, M.D., M.S., # 2 Exhibit 2: Declaration of M.C., # 3 Exhibit 3: Declaration of A.C., # 4 Exhibit 4: Deposition of Fred Kutruff)(Pactor, Stevie) (Entered: 02/01/2022) |
| 02/01/2022 | 30 | BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction , filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 02/01/2022) |
| 02/23/2022 | 31 | Unopposed MOTION for Extension of Time to File Response to March 11, 2022 re 9 MOTION for Preliminary Injunction , filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 02/23/2022) |
| 02/24/2022 | 32 | ORDER – This matter having come before the Court on the Unopposed Motion for Extension of Time to Respond to Plaintiffs’ Motion for Preliminary Injunction filed by Defendants, Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School, in his official capacity; and the Court, being fully advised of all factual matters in this cause, now finds that the motion should be GGRANTED, and it is accordingly ORDERED that Defendants, Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School, in his official capacity, shall respond to Plaintiff’s Motion for Preliminary Injunction on or before March 11, 2022. Plaintiff’s reply in support of their motion for preliminary injunction is due on or before March 21, 2022. Signed by Judge Tanya Walton Pratt on 2/24/2022. (AKH) (Entered: 02/24/2022) |
| 03/14/2022 | 33 | DECLARATION of Philip R. Zimmerly That Party Was Unable to File in a Timely Manner Due to Technical Difficulties by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 03/14/2022) |
| 03/14/2022 | 34 | Appendix of Exhibits in Support of Response in Opposition to Motion re 9 MOTION for Preliminary Injunction , filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Exhibit 1-Deposition of M.C., # 2 Exhibit 2-Deposition of A.C., # 3 Exhibit 3-Deposition of J. Dennis Fortenberry, M.D., M.S.)(Zimmerly, Philip) (Entered: 03/14/2022) |
| 03/14/2022 | 35 | RESPONSE in Opposition re 9 MOTION for Preliminary Injunction , filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 03/14/2022) |
| 03/14/2022 | 36 | Unopposed MOTION for Extension of Time to File Reply to March 24, 2022 re 9 MOTION for Preliminary Injunction , filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/14/2022) |
| 03/15/2022 | 37 | ORDER – Plaintiff having filed 36 his Unopposed Motion to Extend Time to File Reply Memorandum in Support of Motion for Preliminary Injunction, and the Court having read the motion and being duly advised finds that good cause exists to GRANT it, and IT IS THEREFORE ORDERED that plaintiff shall file his reply memorandum in support of his motion for preliminary injunction on, or before, March 24, 2022. Signed by Judge Tanya Walton Pratt on 3/15/2022. (AKH) (Entered: 03/15/2022) |
| 03/24/2022 | 38 | APPENDIX of Exhibits in Support of Plaintiff’s Reply Memorandum in Support of Motion for Preliminary Injunction by A. C.. (Attachments: # 1 Exhibit Dr. Fortenberry Deposition, # 2 Exhibit M.C. Deposition, # 3 Exhibit Redacted Change of Name Order)(Falk, Kenneth) (Entered: 03/24/2022) |
| 03/24/2022 | 39 | REPLY in Support of Motion re 9 MOTION for Preliminary Injunction , filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 03/24/2022) |
| 04/08/2022 | 40 | MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 4/8/2022: Parties appeared by counsel. Attorney Falk presented argument on behalf of Plaintiff. Attorney Zimmerly presented argument on behalf of Defendants.This matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG) (Entered: 04/08/2022) |
| 04/11/2022 | 41 | NOTICE to the Court, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 04/11/2022) |
| 04/12/2022 | 42 | MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Zimmerly, Philip) (Entered: 04/12/2022) |
| 04/12/2022 | 43 | SEALED Exhibit 1 (Findings and Conclusions), re 42 Motion (Other), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Attachments: # 1 Exhibit 1 – Findings and Conclusions)(Zimmerly, Philip) (Entered: 04/12/2022) |
| 04/12/2022 | 44 | MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants – doc) , filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 04/12/2022) |
| 04/12/2022 | 45 | RESPONSE in Opposition re 42 MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel) , filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 04/12/2022) |
| 04/14/2022 | 46 | REPLY in Support of Motion re 42 MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel) , filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 04/14/2022) |
| 04/14/2022 | 47 | ORDER ON DEFENDANTS’ REQUEST FOR COURT TO TAKE JUDICIAL NOTICE OF STATE COURT ORDER AND NOTICE OF COLLATERAL ESTOPPEL – This matter is before the Court on Defendants Metropolitan School District of Martinsville’s and Principal of John R. Wooden Middle School in his official capacity’s Request for the Court to take Judicial Notice of State Court Order and Notice of Collateral Estoppel (Filing No. 42 ). The School District’s Request is related to a pending Motion for Preliminary Injunction (Filing No. 9 ) from Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C. related to his Complaint seeking declaratory and injunctive relief for violations of Title IX and the Equal Protection Clause of the Fourteenth Amendment (Filing No. 1 ). Defendants Metropolitan School District of Martinsville’s and Principal of John R. Wooden Middle School in his official capacity’s Request for the Court to Take Judicial Notice (Filing No. 42 ) is GRANTED in part and DENIED in part. It is GRANTED in that the Court takes Judicial Notice of the Morgan Superior Court’s Order, but the Notice of Collateral Estoppel is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 4/14/2022. (AKH) (Entered: 04/15/2022) |
| 04/26/2022 | 48 | BRIEF/MEMORANDUM in Support re 44 MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants – doc) , filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Zimmerly, Philip) (Entered: 04/26/2022) |
| 04/27/2022 | 49 | ORDER granting 44 MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants – doc) . Signed by Magistrate Judge Matthew P. Brookman on 4/27/2022. (JRB) (Entered: 04/27/2022) |
| 04/29/2022 | 50 | ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – This matter is before the Court on a Motion for Preliminary Injunction filed by Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C. (“A.C.”). (Filing No. 9 .) A.C. initiated this lawsuit against Defendants Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School in his official capacity seeking declaratory and injunctive relief for violations of Title IX and the Equal Protection Clause of the Fourteenth Amendment. (Filing No. 1 .) A.C. seeks to enjoin the School District from restricting his use of male restrooms and requests that Defendants treat him as a male student in all respects. The overwhelming majority of federal courtsincluding the Court of Appeals for the Seventh Circuit have recently examined transgender education- discrimination claims under Title IX and concluded that preventing a transgender student from using a school restroom consistent with the student’s gender identity violates Title IX. This Court concurs. For the reasons stated above, A.C.’s Motion for Preliminary Injunction (Filing No. 9 ) is GRANTED. The School District shall permit A.C. to use any boys’ restroom within John R. Wooden Middle School. (See Order). Signed by Judge Tanya Walton Pratt on 4/29/2022. (AKH) (Entered: 04/29/2022) |
| 05/02/2022 | 51 | ORDER SETTING INITIAL PRE-TRIAL CONFERENCE – Initial Telephonic Pretrial Conference set for 5/27/2022 at 10:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/2/2022.(JRB) (Entered: 05/02/2022) |
| 05/03/2022 | 52 | NOTICE OF APPEAL as to 50 Order on Motion for Preliminary Injunction, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Filing fee $505, receipt number AINSDC-7085668) (Zimmerly, Philip) (Entered: 05/03/2022) |
| 05/03/2022 | 53 | MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 05/03/2022) |
| 05/03/2022 | 54 | BRIEF/MEMORANDUM in Support re 53 MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited) Pending Appeal, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 05/03/2022) |
| 05/03/2022 | 55 | PARTIES’ SHORT RECORD re 52 Notice of Appeal – Instructions for Attorneys/Parties attached. (KAA) (Entered: 05/03/2022) |
| 05/03/2022 | 56 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 52 Notice of Appeal. – for Court of Appeals Use Only. (KAA) (Entered: 05/03/2022) |
| 05/04/2022 | 57 | ORDER DIRECTING EXPEDITED RESPONSE – This matter is before the Court on Defendants’ Expedited Motion for Stay of Preliminary Injunction Pending Appeal (Dkt. 53 ). Plaintiff’s response is due no later than May 10, 2022. Signed by Judge Tanya Walton Pratt on 5/4/2022.(AKH) (Entered: 05/04/2022) |
| 05/04/2022 | 58 | USCA Case Number 22-1786 for 52 Notice of Appeal filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (LBT) (Entered: 05/04/2022) |
| 05/06/2022 | 59 | SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL for proceedings held on 04/08/2022 before Judge Tanya Walton Pratt, re 52 Notice of Appeal (Zimmerly, Philip) (Entered: 05/06/2022) |
| 05/09/2022 | 60 | RESPONSE in Opposition re 53 MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited) , filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 05/09/2022) |
| 05/16/2022 | 61 | ORDER DENYING 53 DEFENDANTS’ EXPEDITED MOTION FOR STAY OF PRELIMINARY INJUNCTION PENDING APPEAL – This matter is before the Court on an Expedited Motion for Stay of Preliminary Injunction Pending Appeal filed by Defendants Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School in his official capacity (Filing No. 53 ). This action was initiated by Plaintiff A.C,. a minor child, by his next friend, mother and legal guardian, M.C., seeking declaratory and injunctive relief for violations of Title IX and the Equal Protection Clause of the Fourteenth Amendment. (Filing No. 1 .) On April 27, 2022, the Court granted A.C.’s Motion for Preliminary Injunction permitting him the right to use any boys’ restroom within his middle school. (Filing No. 50 .) The School District now seeks to stay the Court’s Order on that preliminary injunction pending its appeal to the Seventh Circuit. Defendants’ Expedited Motion for Stay of Preliminary Injunction Pending Appeal, (Filing No. 53 ), is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 5/16/2022. (AKH) (Entered: 05/16/2022) |
| 05/17/2022 | 63 | TRANSCRIPT of Hearing on Preliminary Injunction held on 04/08/2022 before Judge Tanya Walton Pratt. (61 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/7/2022. Release of Transcript Restriction set for 8/15/2022. (Moxley, David) (Entered: 05/17/2022) |
| 05/17/2022 | 64 | NOTICE of FILING of OFFICIAL TRANSCRIPT of Hearing on Preliminary Injunction held before Judge Tanya Walton Pratt on 04/08/2022 (Moxley, David) (Entered: 05/17/2022) |
| 05/19/2022 | 65 | PRELIMINARY INJUNCTION – Pursuant to the Court’s Order Granting Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C.’s Motion for Preliminary Injunction (Filing No. 50 ) and in compliance with Federal Rule of Civil Procedure 65(d)(1)(C), Defendants the Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School are hereby preliminary enjoined from stopping, preventing, or in any way interfering with A.C. freely using any boys’ restroom located on or within the campus of John R. Wooden Middle School located in Martinsville, Indiana. No bond shall be required. Signed by Judge Tanya Walton Pratt on 5/19/2022.(AKH) **Emailed to USCA re #22-1786** Modified on 5/20/2022 (LBT). (Entered: 05/19/2022) |
| 05/20/2022 | 66 | Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff A. C. . (Pactor, Stevie) (Entered: 05/20/2022) |
| 05/27/2022 | 67 | ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Initial Pretrial Conference held on 5/27/2022. Dispositive Motions due by 12/5/2022. Discovery due by 10/5/2022. Status Conference set for 8/4/2022 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 5/27/2022.(TMB) (Entered: 05/27/2022) |
| 06/10/2022 | 68 | NOTICE of Service of Initial Disclosures , filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 06/10/2022) |
| 06/10/2022 | 69 | NOTICE of Service of Initial Disclosures , filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 06/10/2022) |
| 06/14/2022 | 70 | Exhibit List , Preliminary, filed by Plaintiff A. C., Witness List , Preliminary, filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 06/14/2022) |
| 06/24/2022 | 71 | Witness List Preliminary, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL, Exhibit List Preliminary, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 06/24/2022) |
| 07/19/2022 | 72 | SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE set for August 4, 2022, is hereby RESCHEDULED for AUGUST 3, 2022 at 11:00 a.m., Indianapolis time (EDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 7/19/2022.(JRB) (Entered: 07/19/2022) |
| 07/26/2022 | 73 | MOTION for Court to Take Judicial Notice of State Court Order, filed by Plaintiff A. C.. (Attachments: # 1 Exhibit Redacted order, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/26/2022) |
| 07/26/2022 | 74 | SEALED Document- Order on Verified Petition for Change of Gender, filed by Plaintiff A. C.. (Attachments: # 1 Exhibit Unredacted Order)(Falk, Kenneth) (Entered: 07/26/2022) |
| 07/26/2022 | 75 | MOTION to Seal Document 74 SEALED Document (Case Participants – doc) , filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/26/2022) |
| 08/03/2022 | 77 | MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/3/2022. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 08/03/2022) |
| 08/11/2022 | 78 | ORDER granting 75 MOTION to Seal Document 74 SEALED Document (Case Participants – doc) . Signed by Magistrate Judge Matthew P. Brookman on 8/11/2022. (JRB) (Entered: 08/11/2022) |
| 08/15/2022 | 79 | Joint MOTION to Stay All Proceedings Pending Resolution of Appeal, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/15/2022) |
| 08/15/2022 | 80 | ORDER – Plaintiff has filed his Request for Court to Take Judicial Notice of State Court Order. The Court being duly advised finds that good cause exists to GRANT the motion, and, IT IS THEREFORE ORDERED that this Court takes judicial notice of the Order of the Monroe Circuit Court VI that grants plaintiff a change of gender marker. Signed by Judge Tanya Walton Pratt on 8/15/2022. (AKH) (Entered: 08/15/2022) |
| 08/16/2022 | 81 | ORDER STAYING PROCEEDINGS – The parties having filed 79 their Joint Motion to Stay All Proceedings Pending Resolution of Appeal, and the Court having read the motion, and being duly advised, finds that good cause exists to grant it. (See Order). Signed by Judge Tanya Walton Pratt on 8/16/2022. (AKH) (Entered: 08/17/2022) |
| 10/28/2022 | 82 | MOTION to Withdraw Attorney Appearance , filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Bensberg, Kathleen) (Entered: 10/28/2022) |
| 10/31/2022 | 83 | ORDER granting 82 Motion to Withdraw Attorney Appearance. Attorney Kathleen Belle Bensberg withdrawn. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2022. (JRB) (Entered: 10/31/2022) |
| 04/05/2023 | 84 | NOTICE of Reassignment of Case to Magistrate Judge Tim A. Baker. Magistrate Judge Matthew P. brookman is no longer assigned to this case. Please include the new case number, 1:21-cv-2965-TWP-TAB, on all future filings in this matter. (JRB) (Entered: 04/05/2023) |
| 08/09/2023 | 85 | ORDER ON AUGUST 9, 2023, TELEPHONIC STATUS CONFERENCE – Parties appeared by counsel August 9, 2023, for a telephonic status conference to address an issue that has arisen following the Seventh Circuit Court of Appeal’s August 1, 2023, decision affirming this Court’s preliminary injunction order. Despite this precedent allowing A.C. to use the boys’ restroom in middle school, Defendants are contesting A.C.’s use of the boys’ restroom now that he is beginning high school. Although the Court has stayed this matter [Filing No. 81] and the Seventh Circuit’s mandate has not yet been filed with this Court, Plaintiff asked to be permitted to file a motion for a temporary restraining order extending the Court’s prior ruling to the high school. Plaintiff is given leave to file any such motion, and upon doing so, Defendants will have 24 hours to file any response. (MGG) (Entered: 08/09/2023) |
| 08/09/2023 | 86 | Emergency MOTION to Clarify Preliminary Injunction (Joint), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Mayes, Jonathan) (Entered: 08/09/2023) |
| 08/10/2023 | 87 | Entry Clarifying Preliminary Injunction – The parties having filed their Emergency Joint Motion to Clarify Preliminary Injunction, and the Court being duly advised, hereby clarifies the previously issued preliminary injunction (ECF No. 65 ) as follows. Defendants the Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School are hereby preliminarily enjoined from stopping, preventing, or in any way interfering with A.C. freely using any boys’ restroom located on or within the campus of John R. Wooden Middle School or any other school within the Metropolitan School District of Martinsville. Furthermore, ECF No. 85 is now moot. Signed by Judge Tanya Walton Pratt on 8/10/2023. (JSR) (Entered: 08/10/2023) |
| 08/23/2023 | 88 | MANDATE of USCA as to 52 Notice of Appeal filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL (USCA #22-1786). The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (LF) (Entered: 08/23/2023) |
| 09/06/2023 | 89 | ORDER SETTING TELEPHONIC STATUS CONFERENCE – This matter is set for a telephonic status conference at 11 a.m. on September 18, 2023, before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 9/6/23.(JRB) Modified on 9/14/2023 (MGG). (Entered: 09/06/2023) |
| 09/18/2023 | 91 | ORDER ON SEPTEMBER 18, 2023, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE – Parties appeared by counsel September 18, 2023, a telephonic status conference. Discussion held regarding case status and settlement. This cause is set for a telephonic status conference at 10:30 a.m. on November 14, 2023. Parties shall participate in this conference by counsel. The call-in instructions will be issued by separate order. The purpose of this conference is to discuss case status. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 09/18/2023) |
| 10/24/2023 | 92 | ORDER VACATING TELEPHONIC STATUS CONFERENCE – The Court, on its own motion, vacates the telephonic status conference set for 10:30 a.m. on November 14, 2023. Signed by Magistrate Judge Tim A. Baker on 10/24/2023.(LBT) (Entered: 10/24/2023) |
| 12/08/2023 | 93 | ENTRY – On August 23, 2023, the United States Court of Appeals for the Seventh Circuit issued its Mandate which affirmed the judgment of the District Court. (Filing No. 88). Thereafter, on October 11, 2023, a Petition for a Writ of Certiorari was filed with the Supreme Court of the United States, and was placed on the Supreme Court docket October 13, 2023, as No. 23-392. However, a review of the docket in the Seventh Circuit Court of Appeals does not reflect that a request for stay of the mandate in this case has been made or granted. (See No. 22-1786). The Mandate therefore remains in effect, and this case remains active on this district court docket. In addition, the parties failed to comply with Local Rule 16-2, which required the parties shall file their position statement within 21 days following issuance of a Mandate. By no later than December 15, 2023, the parties are ordered to comply with Local Rule 16-2; or provide notice of compliance with Federal Rule of Appellate Procedure 41(d)(2). Signed by Judge Tanya Walton Pratt on 12/8/2023. (CKM) (Entered: 12/08/2023) |
| 12/12/2023 | 94 | Joint MOTION to Stay (Continued) Pending Resolution of Supreme Court Proceedings, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order Continuing Stay)(Zimmerly, Philip) (Entered: 12/12/2023) |
| 12/13/2023 | 95 | ORDER granting 94 Joint Motion for Continued Stay of Proceedings Pending Resolution of Proceedings before United States Supreme Court. IT IS THEREFORE ORDERED that all matters in this case will remain stayed until 30 days after the resolution of Metropolitan School District of Martinsville v. A.C., United States Supreme Court Case No. 23-392. Signed by Judge Tanya Walton Pratt on 12/13/2023. (TPS) (Entered: 12/14/2023) |
| 02/15/2024 | 96 | STATUS REPORT and Motion for Extension of Time (Joint) by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) Modified on 2/16/2024 (TRG). (Entered: 02/15/2024) |
| 02/16/2024 | 97 | ORDER GRANTING EXTENSION OF TIME 96 – The Parties having filed a Status Report and a Motion for Extension of Time to File a Proposed Case Management Plan, and the Court having reviewed and considered the same, hereby grants the Motion. [Filing No. 96.] IT IS THEREFORE ORDERED that the Parties shall file a proposed case management plan no later than February 23, 2024. Signed by Magistrate Judge Tim A. Baker on 02/16/2024. (AJG) (Entered: 02/16/2024) |
| 02/22/2024 | 98 | Amended CASE MANAGEMENT PLAN TENDERED, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL . (Zimmerly, Philip) (Entered: 02/22/2024) |
| 02/26/2024 | 99 | ORDER: AMENDED CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 1/16/2025. Discovery due by 11/18/2024. Telephonic Status Conference set for 7/29/2024 at 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 2/26/2024.(LBT) Modified on 2/27/2024 to correct typo in DMD(TRG). (Entered: 02/26/2024) |
| 02/28/2024 | 100 | SCHEDULING ORDER – The dispositive motions deadline is now 7/10/2024. A Final Pretrial Conference is set for 2/12/2025 at 9:00 AM (Eastern Time) in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The final pretrial conference is for attorneys only. A Jury Trial is set for 3/10/2025 at 9:00 AM (Eastern Time) in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Counsel shall review the Court’s Courtroom Procedures and Trial Practice. The parties should confer and contact the Magistrate Judge if any Case Management deadlines need adjustment based on this scheduling order. (See Order.) Signed by Judge Tanya Walton Pratt on 2/28/2024. (JSR) (Entered: 02/29/2024) |
| 02/28/2024 | 101 | COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (JSR) (Entered: 02/29/2024) |
| 03/13/2024 | 102 | Unopposed MOTION for Extension of Time to April 2, 2024 to Respond to Discovery, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/13/2024) |
| 03/13/2024 | 103 | Unopposed MOTION for Extension of Time to April 12, 2024 to Move to Amend the Pleadings and/or to Join an Additional Party, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/13/2024) |
| 03/15/2024 | 104 | ORDER granting Plaintiff’s 102 Motion for Extension of Time to respond to discovery to 4/2/2024. Signed by Magistrate Judge Tim A. Baker on 3/15/2024. (SWM) (Entered: 03/15/2024) |
| 03/15/2024 | 105 | ORDER granting Plaintiff’s 103 Motion for Extension of Time to Amend the Pleadings and/or to Join an Additional Party to 4/12/2024. Signed by Magistrate Judge Tim A. Baker on 3/15/2024. (SWM) (Entered: 03/15/2024) |
| 03/21/2024 | 106 | MOTION to Amend/Correct 105 Order on Motion for Extension of Time to File / Motion for Clarification, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order (Amended – Dkt. 105))(Zimmerly, Philip) (Entered: 03/21/2024) |
| 03/22/2024 | 107 | ORDER granting 106 Unopposed Motion for Clarification on Motion to Extend Time to Amend the Pleadings and/or to Join an Additional Party. IT IS THEREFORE ORDERED that the parties shall have to, and including, April 12, 2024, to seek to amend the pleadings and/or to join additional parties. Signed by Magistrate Judge Tim A. Baker on 03/22/2024. (AAT) (Entered: 03/22/2024) |
| 03/22/2024 | 108 | ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Magistrate Judge Tim A. Baker on 3/22/2024. (DMB) (Entered: 03/22/2024) |
| 03/25/2024 | 109 | NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1:21-cv-2965-TWP-MJD, on all future filings in this matter. (DJH) (Entered: 03/25/2024) |
| 04/09/2024 | 110 | Joint MOTION for Extension of Time to May 2, 2024 to Make Expert Disclosures in Advance of Summary Judgment, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/09/2024) |
Last updated 04/17/2024
Reconciled with online docket 04/09/2024