Alabama, State of et al v. Cardona et al
| Alabama, State of, Florida, State of, Georgia, State of, South Carolina, State of, Independent Women's Network, Parents Defending Education, Speech First, Inc and Independent Women's Law Center |
| Miguel Cardona and U.S. Department of Education |
| New Jersey, State of, California, State of, State of Pennsylvania and Stop Abusive and Violent Environments |
| 7:2024cv00533 |
| April 29, 2024 |
| U.S. District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Gray M Borden |
| Administrative Procedure Act / Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 40 Brief of Amicus Curiae STOP ABUSIVE AND VIOLENT ENVIRONMENTS. (Miller, Edward) |
Filing 39
TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. #37 ). The amicus brief shall be filed on or before June 24, 2024. Signed by Judge Annemarie Carney Axon on 6/20/2024. (CLC)
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| Filing 38 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: #1 Affidavit Vaseliou Declaration, #2 Exhibit A: NWFSC TIX Policy, #3 Exhibit B: NWFSC Student Handbook, #4 Exhibit C: Comment by FIRE, #5 Exhibit D: FIRE Spotlight on Campus Due Process)(Norris, Cameron) |
| Filing 37 MOTION for Leave to File Amicus Brief by Stop Abusive and Violent Environments. (Attachments: #1 Exhibit Proposed Amicus Brief of Stop Abusive and Violent Environments in Support of Plaintiffs Motion for Preliminary Injunction)(Miller, Edward) |
| Filing 36 NOTICE of Appearance by Edward A R Miller on behalf of Stop Abusive and Violent Environments (Miller, Edward) |
| Filing 35 Brief re #24 Response in Opposition to Motion, 27 Order,, . (Kopplin, Rebecca) |
| Filing 34 Brief re 27 Order,, #7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) |
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Filing 33
TEXT ORDER - The court GRANTS #28 Motion for Leave to Appear pro hac vice for attorney Lauren E. Van Driesen. The Clerk's Office sends all orders and court notices to counsel electronically. If not already registered, attorney shall register for a PACER account. She may then request filing privileges for this court through the PACER website. Subsequently, she may enter a notice of appearance in this case. Signed by Judge Annemarie Carney Axon on 6/14/24. (SAC)
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| Filing 32 Brief re #30 MOTION for Leave to File Amicus Brief, 31 Order on Motion for Leave to File filed by New Jersey, State of. (Goldfarb, Jon) |
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Filing 31
TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. #30 ). The amicus brief shall be filed on or before June 17, 2024. Signed by Judge Annemarie Carney Axon on 6/13/24. (SAC)
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| Filing 30 MOTION for Leave to File Amicus Brief by California, State of, New Jersey, State of, State of Pennsylvania. (Attachments: #1 Exhibit 1, Proposed Brief)(Goldfarb, Jon) |
| Filing 29 NOTICE of Appearance by Jon C Goldfarb on behalf of California, State of, New Jersey, State of, State of Pennsylvania (Goldfarb, Jon) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice (Lauren E. Van Driesen) by New Jersey, State of, California, State of, State of Pennsylvania. (Attachments: #1 Exhibit Consent to Designation as Local Counsel)(Goldfarb, Jon) |
| PHV Fee paid: $ 100, receipt number AALNDC-4612806. (Goldfarb, Jon) Modified on 6/11/2024 (CLC) ALND Receipt # B-12001 |
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Filing 27
TEXT ORDER: The court ORDERS the parties to submit supplemental briefing that addresses the following question: When an agency engages in rulemaking, can it consider a circuit court decision that is adverse to its proposed rule but nevertheless reject the decision? The briefs may not exceed fifteen pages of 14-point Times New Roman font and are due on or before June 17, 2024. The length and timing of Plaintiffs' reply brief is unchanged. (See docs. #18 , 26). Signed by Judge Annemarie Carney Axon on 6/10/2024. (CLC)
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Filing 26
TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. #25 ). Plaintiffs' reply brief may not exceed thirty pages of 14-point Times New Roman font. Signed by Judge Annemarie Carney Axon on 6/7/2024. (CLC)
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| Filing 25 Unopposed MOTION for Leave to File Excess Pages by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: #1 Text of Proposed Order)(Norris, Cameron) |
| SUMMONS Returned Executed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. Miguel Cardona served on 5/9/2024, answer due 7/8/2024; U.S. Department of Education served on 5/9/2024, answer due 7/8/2024. (See Affidavit of service #23 (KAM) |
| Filing 24 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) |
| Filing 23 AFFIDAVIT of Service for Summons and Complaint served on US Attorney; Miguel Cardona; USDOE; AG Merrick Garland on 5/6/2024; 5/9/2024; 5/9/2024; 5/10/2024, filed by Alabama, State of. (Attachments: #1 Supplement Green Cards)(LaCour, Edmund) |
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Filing 22
TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. #21 ). Defendants' response brief may not exceed sixty pages of 14-point Times New Roman. Signed by Judge Annemarie Carney Axon on 06/03/2024. (CLD)
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| Filing 21 Unopposed MOTION for Leave to File Excess Pages by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) |
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Filing 20
TEXT ORDER - The court RESETS oral argument on the motion to preliminary injunction for July 1, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC)
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Filing 19
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC)
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Filing 18
ORDER. Plaintiffs State of Alabama, State of Florida, State of Georgia, State of South Carolina, Independent Women's Network, Independent Women's Law Center, Parents Defending Education, and Speech First, Inc., have moved for a preliminary injunction. #7 . The parties have jointly moved to set a briefing schedule and page limits for the briefing. #13 . The court GRANTS the motion to set briefing schedule and page limits. Defendants Miguel Cardona and the U.S. Department of Education may file a response to the motion for a preliminary injunction on or before June 5, 2024. Their brief may not exceed fifty pages of 14-point Times New Roman. Plaintiffs may file a reply brief on or before June 19, 2024. Their brief may not exceed twenty-five pages of 14-point Times New Roman. The court SETS oral argument on the motion for preliminary injunction for June 26, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge Annemarie Carney Axon on 5/14/2024. (KAM)
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| PHV Fee paid: $100, receipt number B-44857 (KAM) |
| Filing 17 NOTICE OF REASSIGNMENT: This case has been randomly reassigned to the Honorable Judge Annemarie Carney Axon. Magistrate Judge Gray M Borden no longer assigned to this case. Please use case number 7:24-cv-533-ACA on all subsequent pleadings. (KNS) |
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Filing 16
ORDER On May 8, 2024, the plaintiffs filed a Motion for Stay of Effective Date or Preliminary Injunction (Doc. 7) challenging the United States Department of Education's recently published rule relating to Title IX of the Education Amendments Act of 1972. Because the rule will take effect on August 1, 2024, the plaintiffs are seeking a stay or preliminarily injunction and have requested an expedited briefing schedule. Doc. 13. At this time, the defendants have not appeared or responded to the complaint.The General Order calls for reassignment to a district judge after the first of three "triggering events" absent unanimous consent. None of these events have occurred in this case, and it does not appear they will occur in the timely manner contemplated in the General Order and necessitated by the nature of the relief requested in the Motion for Stay of Effective Date or Preliminary Injunction. Accordingly, the case is now due to be assigned to a district judge for all further proceedings. The Clerk of Court is DIRECTED to reassign this case to a district judge randomly drawn.. Signed by Magistrate Judge Gray M Borden on 5/13/2024. (KNS)
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| Filing 15 AFFIDAVIT in Support re #7 MOTION for Preliminary Injunction MOTION to Stay Effective Date Keel Decl. filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) |
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Filing 14
TEXT ORDER: Before the court is the #12 motion to allow Joseph David Spate to appear pro hac vice on behalf of Plaintiff State of South Carolina. The motion, which includes the information required under the Local Rules, is CONDITIONALLY GRANTED, subject to payment of the applicable fee on or before May 17, 2024. Upon receipt of the required fee, this conditional grant of pro hac vice status will become final without further court action. Signed by Magistrate Judge Gray M. Borden on 05/10/2024. (SUH)
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| Filing 13 Joint MOTION Set Briefing Schedule and Page Limit for Pending Motion by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: #1 Text of Proposed Order)(Norris, Cameron) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of Joseph David Spate by South Carolina, State of. (Attachments: #1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) |
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Filing 11
TEXT ORDER: The #9 motion to allow Stephen J. Petrany to appear pro hac vice on behalf of Plaintiff State of Georgia is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD)
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Filing 10
TEXT ORDER: The #8 motion to allow James Hamilton Percival to appear pro hac vice on behalf of Plaintiff State of Florida is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Stephen J. Petraney by Georgia, State of. (Attachments: #1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice of James Hamilton Percival, II, by Florida, State of. (Attachments: #1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) |
| Filing 7 MOTION for Preliminary Injunction , MOTION to Stay Effective Date by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: #1 Memorandum in Support, #2 Affidavit Purcell Decl., #3 Affidavit Mackey Decl., #4 Affidavit Sikes Decl., #5 Affidavit Brickhouse Decl., #6 Affidavit Hebda Decl., #7 Affidavit Burns Decl., #8 Affidavit Woods Decl., #9 Affidavit Hardee Decl., #10 Affidavit Weaver Decl., #11 Affidavit Mailman Decl., #12 Affidavit Neily Decl., #13 Affidavit Trump Decl., #14 Text of Proposed Order Proposed Order)(Norris, Cameron) |
| PHV Fee paid: $ 100, receipt number AALNDC-4587434. (Taylor, Bryan) Modified on 5/8/2024- ALND Rec # B-11432 (KNS). |
| PHV Fee paid: $ 100, receipt number AALNDC-4587437. (Taylor, Bryan) Modified on 5/8/2024. ALND Rec# B-11433(KNS). |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on All Defendants on May 2, 2024, filed by Alabama, State of. (LaCour, Edmund) |
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Filing 5
TEXT ORDER: It is ORDERED that the #3 & #4 motions to allow Cameron Thomas Norris and Thomas Samuel Vaseliou to appear pro hac vice on behalf of Plaintiffs Independent Womens Law Center, Independent Womens Network, Parents Defending Education, and Speech First, Inc. are GRANTED. Signed by Magistrate Judge Gray M. Borden on 05/03/2024. (SUH)
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| Filing 4 MOTION for Leave to Appear Application for Pro Hac Vice Admission of Thomas L. Vaseolieu by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) |
| Filing 3 MOTION for Leave to Appear Application for Pro Hac Vice Admission of Cameron T. Norris by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) |
| PHV Fee paid: $ 100, receipt number AALNDC-4584175. (Taylor, Bryan) Modified on 5/3/2024. ALND Receipt # B-11333 (KNS). |
| PHV Fee paid: $ 100, receipt number AALNDC-4584146. (Taylor, Bryan) Modified on 5/3/2024. ALND Receipt # B-11332 (KNS). |
| Filing 2 Summons Issued by the clerk as to Miguel Cardona, U.S. Department of Education, USAO, DOJ. Delivered to Plaintiffs for service. (KNS) |
| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4581547. related document #1 COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # 1 Civil Cover Sheet)(KNS). (LaCour, Edmund) Modified on 4/30/2024- Receipt # B-11271(KNS). |
| Filing 1 COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: #1 Civil Cover Sheet)(KNS) |
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