W.D. Pa. 2:16-cv-01537 Docket

Evancho v. Pine-Richland School District
No. 2:16-cv-01537  [Case History under construction]

Court: Western District Pennsylvania
Assigned to: Judge Mark R. Hornak

Date Filed # Docket Text
10/06/2016 1 COMPLAINT for Declaratory, Injunctive and other Relief against NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT (Filing fee, including Administrative fee, $400, receipt number 0315-4109810), filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Pine-Richland School District, # 3 Summons for Dr. Brian R. Miller, # 4 Summons for Nancy Bowman) (ksa) (Entered: 10/06/2016)
10/06/2016 Summons Issued as to *NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT* (ksa) (Entered: 10/06/2016)
10/07/2016 2 MOTION for attorney David C. Williams to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4111710) by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Palmer, Tracie) (Entered: 10/07/2016)
10/07/2016 3 MOTION for attorney Omar Gonzalez-Pagan to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4111821) by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Affidavit of Omar Gonzalez-Pagan in Support of Motion for Admission Pro Hac Vice, # 2 Proposed Order) (Gonzalez-Pagan, Omar) (Entered: 10/07/2016)
10/07/2016 4 MOTION for attorney Christopher R. Clark to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4112113) by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Affidavit Exhibit A, # 2 Proposed Order Exhibit B) (Clark, Christopher) (Entered: 10/07/2016)
10/07/2016 5 ORDER GRANTING 2 Motion for David C. Williams to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/7/16. (jad) (Entered: 10/07/2016)
10/07/2016 6 ORDER GRANTING 3 Motion for Omar Gonzalez-Pagan to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/7/16. (jad) (Entered: 10/07/2016)
10/07/2016 7 ORDER GRANTING 4 Motion for Christopher R. Clark to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/7/16. (jad) (Entered: 10/07/2016)
10/11/2016 8 NOTICE that instant civil action has been designated for placement into the United States District Court’s Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) (Entered: 10/11/2016)
10/11/2016 9 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 10/11/16. (jad) (Main Document 9 replaced on 10/13/2016 to add Judge’s signature) (jad) Modified on 10/13/2016. (Entered: 10/11/2016)
10/11/2016 CLERK’S OFFICE QUALITY CONTROL MESSAGE re 2 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney Palmer advised of signature requirements for future reference. No further action is required as this motion has been ruled on by the Court. This message is for informational purposes only. (ksa) (Entered: 10/11/2016)
10/11/2016 10 NOTICE of Appearance by Roger W. Foley, Jr on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Foley, Roger) (Entered: 10/11/2016)
10/11/2016 11 NOTICE of Appearance by Michael L. Brungo on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Brungo, Michael) (Entered: 10/11/2016)
10/11/2016 12 NOTICE of Appearance by Gary H. Dadamo on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Dadamo, Gary) (Entered: 10/11/2016)
10/11/2016 13 NOTICE of Appearance by Christina L. Lane on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Lane, Christina) (Entered: 10/11/2016)
10/11/2016 14 NOTICE of Appearance by Peter J. Halesey on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Halesey, Peter) (Entered: 10/11/2016)
10/11/2016 15 NOTICE of Appearance by Alfred C. Maiello on behalf of NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Maiello, Alfred) (Entered: 10/11/2016)
10/19/2016 16 WAIVER OF SERVICE Returned Executed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. PINE-RICHLAND SCHOOL DISTRICT waiver sent on 10/14/2016, answer due 12/13/2016. (Gonzalez-Pagan, Omar) (Entered: 10/19/2016)
10/19/2016 17 WAIVER OF SERVICE Returned Executed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. BRIAN R. MILLER waiver sent on 10/14/2016, answer due 12/13/2016. (Gonzalez-Pagan, Omar) (Entered: 10/19/2016)
10/19/2016 18 WAIVER OF SERVICE Returned Executed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. NANCY BOWMAN waiver sent on 10/14/2016, answer due 12/13/2016. (Gonzalez-Pagan, Omar) (Entered: 10/19/2016)
10/19/2016 19 Unopposed MOTION for Leave to File Excess Pages in support of Motion for Preliminary Injunction by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Proposed Order) (Gonzalez-Pagan, Omar) (Entered: 10/19/2016)
10/20/2016 20 ORDER GRANTING 19 Motion for Leave to File Excess Pages. Plaintiffs’ memorandum of law in support of their Motion for Preliminary Injunction shall not exceed 32 pages. Signed by Judge Mark R. Hornak on 10/20/16. (bdb) (Entered: 10/20/2016)
10/20/2016 21 MOTION for attorney Kara N. Ingelhart to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4126529) by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Affidavit Exhibit A, # 2 Proposed Order Exhibit B) (Ingelhart, Kara) (Entered: 10/20/2016)
10/20/2016 22 MOTION for Preliminary Injunction by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Juliet Evancho, # 3 Affidavit Elissa Ridenour, # 4 Affidavit A.S., # 5 Affidavit Diane Ehrensaft, # 6 Affidavit Glenn Ridenour, # 7 Affidavit Michael Evancho, # 8 Proposed Order) (Gonzalez-Pagan, Omar) (Entered: 10/20/2016)
10/20/2016 23 DECLARATION re 22 MOTION for Preliminary Injunction by JULIET EVANCHO, ELISSA RIDENOUR, A. S. Affiant: Omar Gonzalez-Pagan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X) (Gonzalez-Pagan, Omar) Modified on 10/21/2016 to edit docket text. (ksa) (Entered: 10/20/2016)
10/20/2016 24 Errata re 22 Motion for Preliminary Injunction, by JULIET EVANCHO, ELISSA RIDENOUR, A. S.. Reason for Correction: uploaded wrong version of motion. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Juliet Evancho, # 3 Affidavit Elissa Ridenour, # 4 Affidavit A.S., # 5 Affidavit Diane Ehrensaft, # 6 Affidavit Glenn Ridenour, # 7 Affidavit Michael Evancho, # 8 Proposed Order) (Gonzalez-Pagan, Omar) (Entered: 10/20/2016)
10/20/2016 28 BRIEF in Support re 22 Motion for Preliminary Injunction, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Declaration of Juliet Evancho, # 2 Declaration of Elissa Ridenour, # 3 Declaration of A.S., # 4 Declaration of Diane Ehrensaft, Ph.D., # 5 Declaration of Glenn Ridenour, # 6 Declaration of Michael Evancho) “Document previously filed electronically” (ksa) (Entered: 10/24/2016)
10/21/2016 25 SCHEDULING ORDER. A Telephonic Status and Scheduling Conference is hereby SCHEDULED for Monday, October 24, 2016 at 2:00 PM before Judge Mark R. Hornak.The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of “Case Participants Only”, so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 10/21/16. (bdb) (Entered: 10/21/2016)
10/21/2016 26 ORDER GRANTING 21 Motion for Kara N. Ingelhart to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/21/16. (jad) (Entered: 10/21/2016)
10/24/2016 27 ORDER. Counsel for the Defendants shall arrange for the School District Solicitor to participate in the telephonic status and scheduling conference set for THIS DATE at 2:00 PM. Signed by Judge Mark R. Hornak on 10/24/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 10/24/2016)
10/24/2016 CLERK’S OFFICE QUALITY CONTROL MESSAGE re 24 Errata. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Gonzalez-Pagan advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion for Preliminary Injunction. This message is for informational purposes only. (ksa) (Entered: 10/24/2016)
10/24/2016 29 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status and Scheduling Conference held on 10/24/16. (Court Reporter: Deborah Rowe) (bdb) (Entered: 10/24/2016)
10/24/2016 30 ORDER. It is hereby ORDERED that Defendants’ Response to Plaintiffs’ Motion for Preliminary Injunction (“PI”) and their Rule 12 Response to the Complaint shall be filed on or before November 14, 2016. It is further ORDERED that Plaintiffs may reply to Defendants’ Preliminary Injunction Response on or before November 21, 2016. Defendants may file their PI Response in up to 32 pages, and Plaintiffs may file their PI Reply in up to 15 pages. In their filings, both sides shall delineate the witnesses they intend to call at the hearing on Plaintiff’s Motion for Preliminary Injunction and include a paragraph stating the tenor of each witness’ testimony. Both sides shall also include in their filings any challenge to any testimony on Daubert grounds. Additionally, it is ORDERED that both sides shall file Proposed Findings of Fact and Conclusions (“FF/CL”) of Law on or before November 14, 2016 and that each side shall respond to those of the other party on or before November 21, 2016. In said responses, the parties shall specify what they find objectionable in the opposing FF/CL and (in a few sentences) why. The parties shall write “no objection” when they agree any opposing FF/CL. Any Motions for Protective Orders sought by either side shall be filed on or before October 31, 2016. An AT&T Telephonic Status Conference is hereby SCHEDULED for 3:30 p.m. on November 22, 2016. A Hearing on Plaintiff’s Motion for Preliminary Injunction is set for 11:00 a.m. on December 1, 2016. Signed by Judge Mark R. Hornak on 10/24/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 10/24/2016)
10/25/2016 31 NOTICE to Counsel. The Telephonic Status Conference set for Tuesday, November 22, 2016, at 3:30 PM will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of “Case Participants Only”, so only those individuals will have access to view the document. (jad) (Entered: 10/25/2016)
11/01/2016 32 Consent MOTION for Leave to File Documents Under Seal by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Attachments: # 1 Proposed Order) (Halesey, Peter) (Entered: 11/01/2016)
11/01/2016 33 ORDER GRANTING 32 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Mark R. Hornak on 11/1/16. (bdb) (Entered: 11/01/2016)
11/14/2016 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Attachments: # 1 Proposed Order) (Lane, Christina) Modified on 11/15/2016 to edit docket text. (ksa) (Entered: 11/14/2016)
11/14/2016 35 BRIEF in Support re 34 Motion to Dismiss Pursuant to FED.R.CIV.PRO.12(b)(6) filed by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lane, Christina) (Entered: 11/14/2016)
11/14/2016 36 BRIEF in Opposition re 22 Motion for Preliminary Injunction, filed by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit of Nancy Bowman, # 4 Affidavit of Dr. Brian Miller, # 5 Affidavit of Dr. Michael Pasquinelli, # 6 Affidavit of Dr. Jeffrey Banyas, # 7 Affidavit of Therese Dawson, # 8 Affidavit of Greg DiTullio, # 9 Affidavit of Virginia Goebel, # 10 Affidavit of Holly Johnston, # 11 Affidavit of Steven Stegman, # 12 Affidavit of Christina Avallone, # 13 Affidavit of Jay DiNucci, # 14 Affidavit of John Gagliardi, # 15 Affidavit of Michael Wiethorn) (Lane, Christina) (Entered: 11/14/2016)
11/14/2016 37 REDACTION to 36 Brief in Opposition to Motion for Preliminary Injunction by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Lane, Christina) (Entered: 11/14/2016)
11/14/2016 38 Proposed Findings of Fact and Conclusions of Law by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Lane, Christina) (Entered: 11/14/2016)
11/14/2016 39 Proposed Findings of Fact and Conclusions of Law by JULIET EVANCHO, ELISSA RIDENOUR, A. S.. (Gonzalez-Pagan, Omar) (Entered: 11/14/2016)
11/14/2016 40 SEALED DOCUMENT by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. This document Sealed pursuant to 33 Order on Motion for Leave to File Documents Under Seal. (Attachments: # 1 J.E. Packet, # 2 E.R. Packet, # 3 A.S. Packet) (ksa) (Entered: 11/15/2016)
11/21/2016 41 REPLY BRIEF re 22 Motion for Preliminary Injunction, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Attachments: # 1 Reply Declaration of Diane Ehrensaft, Ph.D., # 2 Reply Declaration of Michael Evancho, # 3 Reply Declaration of Omar Gonzalez-Pagan) (Gonzalez-Pagan, Omar) (Entered: 11/21/2016)
11/21/2016 42 RESPONSE to 38 Proposed Findings of Fact, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Gonzalez-Pagan, Omar) (Entered: 11/21/2016)
11/21/2016 43 RESPONSE to 39 Proposed Findings of Fact, filed by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Lane, Christina) (Entered: 11/21/2016)
11/21/2016 44 RESPONSE to Court’s October 24, 2016 Order Regarding Witnesses for Preliminary Injunction Hearingre 30 Order, Set Deadlines/Hearings, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S. (Gonzalez-Pagan, Omar) (Entered: 11/21/2016)
11/22/2016 45 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 11/22/16. (Court Reporter: Deborah Rowe) (bdb) (Entered: 11/22/2016)
11/23/2016 46 Amicus Curiae APPEARANCE entered by Erin Stottlemyer Gold on behalf of WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER HEALTH, PEDIATRIC ENDOCRINE SOCIETY, UCSF BENIOFF CHILDREN’S HOSPITAL, CHILDREN’S HOSPITAL OF LOS ANGELES, LURIE CHILDREN’S HOSPITAL OF CHICAGO, MAZZONI CENTER, CHILDREN’S HOSPITAL OF PHILADELPHIA, HASSENFELD CHILDREN’S HOSPITAL OF NEW YORK. (Gold, Erin Stottlemyer) (Entered: 11/23/2016)
11/23/2016 47 MOTION to File Amicus Brief by CHILDREN’S HOSPITAL OF LOS ANGELES, CHILDREN’S HOSPITAL OF PHILADELPHIA, HASSENFELD CHILDREN’S HOSPITAL OF NEW YORK, LURIE CHILDREN’S HOSPITAL OF CHICAGO, MAZZONI CENTER, PEDIATRIC ENDOCRINE SOCIETY, UCSF BENIOFF CHILDREN’S HOSPITAL, WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER HEALTH. (Attachments: # 1 Proposed Order) (Gold, Erin Stottlemyer) (Entered: 11/23/2016)
11/23/2016 48 MOTION to File Amicus Brief by CHILDREN’S HOSPITAL OF LOS ANGELES, CHILDREN’S HOSPITAL OF PHILADELPHIA, HASSENFELD CHILDREN’S HOSPITAL OF NEW YORK, LURIE CHILDREN’S HOSPITAL OF CHICAGO, MAZZONI CENTER, PEDIATRIC ENDOCRINE SOCIETY, UCSF BENIOFF CHILDREN’S HOSPITAL, WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER HEALTH. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Gold, Erin Stottlemyer) (Entered: 11/23/2016)
11/23/2016 49 ORDER deferring ruling on 47 , 48 Motions to File Amicus Brief. The parties of record shall file any response to the Motions for Leave to File Amicus Brief 47 , 48 (that is, the Motions for Leave to File, not the proferred briefs) at or before Noon, Monday November 28, 2016. Signed by Judge Mark R. Hornak on 11/23/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 11/23/2016)
11/23/2016 50 ORDER Regarding Time of Hearing on All Pending Motions. The Court’s schedule now permits it to reset the time of the hearing in the case to 9:30 a.m., December 1, 2016. Counsel should advise the Court not later than Noon, Monday November 28, 2016 if that would create a problem. Signed by Judge Mark R. Hornak on 11/23/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 11/23/2016)
11/23/2016 51 MOTION for Leave to File Amici Curiae Brief by SCHOOL ADMINISTRATORS FROM CALIFORNIA, COLORADO, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, OREGON, RHODE ISLAND, TEXAS, VERMONT, WASHINGTON AND WISCONSIN. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief of School Administrators, # 2 Appendix A to Proposed Amici Curiae Brief of School Administrators, # 3 Proposed Order) (Stockwell, Matthew) (Entered: 11/23/2016)
11/23/2016 52 ORDER. The parties of record may file a response to any Motion for Leave to File an Amicus Brief at or before Noon, Monday, November 28, 2016. Signed by Judge Mark R. Hornak on 11/23/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 11/23/2016)
11/23/2016 53 MOTION for attorney Jesse Ryan Loffler to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4160602) by The Pennsylvania Youth Congress, THRIVE of Southwest Pennsylvania. (Attachments: # 1 Affidavit of Jesse Ryan Loffler in Support of Motion for Pro Hac Vice Admission, # 2 Proposed Order) (Loffler, Jesse) (Entered: 11/23/2016)
11/23/2016 54 MOTION for attorney Mark Siegmund to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4160621) by THRIVE of Southwest Pennsylvania, The Pennsylvania Youth Congress. (Attachments: # 1 Affidavit of Mark Siegmund in Support of Motion for Pro Hac Vice Admission, # 2 Proposed Order) (Siegmund, Mark) (Entered: 11/23/2016)
11/23/2016 55 MOTION to File Amicus Brief in Support of Plaintiffs’ Motion for Preliminary Injunction and in Opposition to Defendants’ Motion to Dismiss by THRIVE of Southwest Pennsylvania, The Pennsylvania Youth Congress. (Attachments: # 1 Exhibit A – Proposed Amici Curiae Brief, # 2 Proposed Order) (Loffler, Jesse) (Entered: 11/23/2016)
11/23/2016 56 Disclosure Statement identifying None as corporate parent or other affiliate, by THRIVE of Southwest Pennsylvania, The Pennsylvania Youth Congress. (Loffler, Jesse) (Entered: 11/23/2016)
11/23/2016 57 BRIEF in Opposition re 34 Motion to Dismiss for Failure to State a Claim filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S.. (Gonzalez-Pagan, Omar) (Entered: 11/23/2016)
11/28/2016 58 RESPONSE to Motion re 55 MOTION to File Amicus Brief in Support of Plaintiffs’ Motion for Preliminary Injunction and in Opposition to Defendants’ Motion to Dismiss, 47 MOTION to File Amicus Brief , 51 MOTION for Leave to File Amici Curiae Brief , 48 MOTION to File Amicus Brief filed by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Lane, Christina) (Entered: 11/28/2016)
11/28/2016 59 ORDER GRANTING 53 Motion for Jesse Ryan Loffler to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 11/28/16. (bdb) (Entered: 11/28/2016)
11/28/2016 60 ORDER GRANTING 54 Motion for Mark Siegmund to Appear Pro Hac Vice.. Signed by Judge Mark R. Hornak on 11/28/16. (bdb) (Entered: 11/28/2016)
11/28/2016 61 RESPONSE to 55 Motion to File Amicus Brief, 52 Order, 51 Motion for Leave to File,, 48 Motion to File Amicus Brief,, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S.. (Gonzalez-Pagan, Omar) (Entered: 11/28/2016)
11/28/2016 62 ORDER GRANTING 47 Motion to File Amicus Brief, 48 Motion to File Amicus Brief, 51 Motion for Leave to File Amici Curiae Brief, and 55 Motion to File Amicus Brief. The Court will grant the Motions without prejudice to the ability of any party to indicate on the record their agreement with, or opposition to, any position or argument advanced by any of the amici, on any grounds permitted by law. The Court will consider the matters advanced by the amici on such terms, and will give such matters the weight, if any, the Court deems appropriate. The Court will file the amici briefs as have been appended to the various Motions for Leave to File. Signed by Judge Mark R. Hornak on 11/28/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/28/2016)
11/28/2016 63 CASE MANAGEMENT ORDER No. 1: The Court having received no objections to its doing so, will by further Order set the date and time for the hearing and argument on all pending Motions for December 1, 2016 at 9:30 a.m. In light of the fact that an element in any request for the grant of preliminary injunctive relief is likelihood of success on the merits, and in light of the fact that the Defendants have moved to dismiss this action, the Court will hear argument on all motions at that time, using the following order of presentation: (1) Plaintiffs’ presentation as to the relief they seek pursuant to Fed. R. Civ. P. 65; (2) Defendants’ presentation in furtherance of their Motion to Dismiss and in opposition to the relief sought by Plaintiffs; (3) any response by Plaintiffs to #2 above; (4) Defendants’ rebuttal in support of their Motion to Dismiss. To the extent any party seeks to present further record evidence consistent with this Order or the Court’s prior Orders, it should do so in the relevant portion of their presentation. As the Court previously advised, it will permit divided argument by counsel as to issues presented, so long as the Court is so advised at the commencement of the hearing. The Court has reviewed and considered the submissions of the parties and of amici. It would observe that for the most part, the competing responses to each party’s Proposed Findings of Fact and Conclusions of Law (“FF/CL”) relate to the materiality or relevance of the proferred fact/conclusion, which will be a legal issue to be resolved by the Court. The one exception appears to relate to the Defendants’ references to a Fall 2016 McHugh/Mayer article. See, e.g. ECF No. 43 at 3. The Court is not sure what it is asked, or will be asked, to do with that information. It does not appear to come within Fed. R. Evid. 703 or 803(18), nor is it proferred in testimonial form. Further, it would appear to the Court that the corresponding FF/CL advanced by the Plaintiffs are likely material to consideration of at least the Plaintiffs’ 14th Amendment Equal Protection claims and the corresponding standard of review, even “at this stage of the proceedings”. See, id. Finally, counsel has previously advised the Court, ECF No. 44 at 1, that they have agreed that no witnesses will be called, and the Court can and should accept the affidavits/declarations submitted as representing what the affiant/declarant’s testimony would be if offered at length under oath, all of which is perfectly acceptable to the Court. The Court having reviewed the papers of record is not at this point requesting the presentation of any testimony. Should any party determine that it may seek to present further record evidence in any form, it must confer with opposing counsel in such regards not later than Noon, November 29, 2016, and file on the docket a succinct summary or listing of any such anticipated proferred evidence not later than 6:00 p.m., November 29, 2016. Signed by Judge Mark R. Hornak on 11/28/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) (Entered: 11/28/2016)
11/28/2016 64 NOTICE of filing Amicus Brief by CHILDREN’S HOSPITAL OF LOS ANGELES, CHILDREN’S HOSPITAL OF PHILADELPHIA, HASSENFELD CHILDREN’S HOSPITAL OF NEW YORK, LURIE CHILDREN’S HOSPITAL OF CHICAGO, MAZZONI CENTER, PEDIATRIC ENDOCRINE SOCIETY, UCSF BENIOFF CHILDREN’S HOSPITAL, WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER HEALTH. (ksa) (Entered: 11/29/2016)
11/28/2016 65 NOTICE of Filing of Amicus Brief by SCHOOL ADMINISTRATORS FROM CALIFORNIA, COLORADO, DISTRICT OF COLUMBIA, FLORIDA, ILLINOIS, KENTUCKY, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NO (ksa) (Additional attachment(s) added on 11/29/2016: # 1 Appendix A) (ksa). (Entered: 11/29/2016)
11/28/2016 66 NOTICE of filing of Amicus Brief by THE PENNSYLVANIA YOUTH CONGRESS, THRIVE OF SOUTHWEST PENNSYLVANIA. (Attachments: # 1 Appendix A) (ksa) (Entered: 11/29/2016)
11/29/2016 67 ORDER RESCHEDULING HEARING. The Hearing in this matter set for December 1, 2016 at 11:00 AM is hereby RESCHEDULED for December 1, 2016 at 9:30 AM in Courtroom 6A before Judge Mark R. Hornak. Signed by Judge Mark R. Hornak on 11/29/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/29/2016)
11/29/2016 68 RESPONSE to 63 Case Management Order,,,,,,,,,,,,, filed by JULIET EVANCHO, ELISSA RIDENOUR, A. S.. (Ingelhart, Kara) (Entered: 11/29/2016)
12/01/2016 69 Minute Entry for proceedings held before Judge Mark R. Hornak: Oral Argument held on 12/1/16. (Court Reporter: Deborah Rowe) (jad) (Entered: 12/01/2016)
12/08/2016 70 SUPPLEMENT by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT to 69 Motion Hearing. (Attachments: # 1 Exhibit A) (Foley, Roger) (Entered: 12/08/2016)
12/08/2016 71 SUPPLEMENT by JULIET EVANCHO, ELISSA RIDENOUR, A. S. to 69 Motion Hearing. (Attachments: # 1 Exhibit Supplementary Declaration of Juliet Evancho, # 2 Exhibit Supplementary Declaration of Elissa Ridenour) (Gonzalez-Pagan, Omar) (Entered: 12/08/2016)
12/16/2016 72 NOTICE of Supplemental Authority by JULIET EVANCHO, ELISSA RIDENOUR, A. S. re 22 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A) (Gonzalez-Pagan, Omar) (Entered: 12/16/2016)
01/17/2017 73 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 1, 2016 before Judge Mark R. Hornak. Court Reporter Deborah Rowe, Telephone number 412-471-2510. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk’s office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/24/2017. Redaction Request due 2/7/2017. Redacted Transcript Deadline set for 2/17/2017. Release of Transcript Restriction set for 4/17/2017. (dsr) (Entered: 01/17/2017)
02/23/2017 74 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for THIS DATE, February 23, 2017, at 12:00 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of “Case Participants Only”, so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/23/17. (bdb) (Entered: 02/23/2017)
02/23/2017 75 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 2/23/17. (Court Reporter: Deborah Rowe) (jad) (Entered: 02/23/2017)
02/27/2017 76 OPINION. Signed by Judge Mark R. Hornak on 2/27/17. (bdb) (Entered: 02/27/2017)
02/27/2017 77 ORDER. It is hereby ORDERED that the Court hereby GRANTS IN PART Plaintiffs’ 22 Motion for Preliminary Injunction, and DENIES WITHOUT PREJUDICE the Defendants’ 34 Motion to Dismiss. It is further ORDERED as contained herein. Signed by Judge Mark R. Hornak on 2/27/17. (bdb) (Entered: 02/27/2017)
03/01/2017 78 NOTICE. Fax received by Chambers from Attorney Gonzalez-Pagan dated 2/28/17. (bdb) (Entered: 03/01/2017)
03/03/2017 79 Remark: Funds in the amount of $500.00 deposited into the Court’s Registry per Order of Court signed by Judge Hornak on 2/27/17 at docket Entry #77. Receipt #24668042780. (ksa) (Entered: 03/03/2017)
03/15/2017 80 ANSWER to 1 Complaint, by NANCY BOWMAN, BRIAN R. MILLER, PINE-RICHLAND SCHOOL DISTRICT. (Foley, Roger) (Entered: 03/15/2017)
03/17/2017 81 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for Tuesday, March 21, 2017 at 3:45 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of “Case Participants Only”, so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 3/17/17. (bdb) (Entered: 03/17/2017)

 

Last updated 03/22/2017