L.B. v. Harrison County School District et al
Plaintiff sued Defendants Harrison County School District, Harrison County School Board, Superintendent Mitchell King and Harrison Central High School Principal Kelly Fuller over its requirement that plaintiff, a transgender girl, must wear a white button-down shirt, black dress pants, black dress shoes and a tie or bowtie in accordance with her sex assigned at birth. Plaintiff alleged that enforcement of a dress code policy based on gender and gender stereotypes violated her rights to Equal Protection under the 14th Amendment, her rights to participate in an education activity free from discrimination on the basis of sex under Title IX of the Education Amendments of 1972, and her First Amendment rights to freedom of expression.
| L.B. |
| Harrison County School District, Harrison County School Board, Mitchell King and Kelly Fuller |
| 1:2023cv00124 |
| May 18, 2023 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Bradley W Rath |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Sex Discrimination |
| None |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of Voluntary Dismissal by L.B. (Raney-Gray, McKenna) |
| Remark: Civil Case Terminated pursuant to #16 Notice of Voluntary Dismissal filed on 5/25/23. (RLW) |
| Filing 15 SUMMONS Returned Executed by L.B.. All Defendants served on 5/18/23; answers due on 6/8/23. (Raney-Gray, McKenna) Modified to add service date and answer due date on 5/24/2023 (JCH). |
| DOCKET ANNOTATION as to # 15. Attorney is advised that "all defendants" should not have been selected. Each individual defendant should have been selected, by selecting the first defendant and holding down the control key to select each additional defendant. This document does not need to be re-filed, but this procedure should be filed in future filings. (JCH) |
Filing 14
ORDER denying #2 Motion for TRO. Signed by District Judge Taylor B. McNeel on 5/19/2023. (KAB)
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| Filing 13 MEMORANDUM in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Clark, Wynn) |
| Filing 12 AFFIDAVIT in Opposition re #2 Emergency MOTION for Temporary Restraining Order [Declaration of Mitchell King] filed by Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Attachments: #1 Exhibit 1, HCSD Policy No. IHFC, #2 Exhibit 2, Commencement Participation Agreement L.B. and his parent signed [redacted], #3 Exhibit 3, MS Dept. of Educ. Manual Of Directions for records)(Clark, Wynn) |
| Filing 11 NOTICE of Appearance by Wynn E. Clark on behalf of Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Clark, Wynn) |
| Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Settlement Conference held on 5/19/2023. PARTICIPANTS: McKenna E. Raney-Gray, Joshua F. Tom and Linda S. Morris - PHV (counsel for Plaintiff); L.B. (Plaintiff); Samantha Brown (Plaintiff's parent); Wynn E. Clark (counsel for Defendants); Mitchell King (Defendant and representative for Defendants). The matter did not settle at the conference. (AB) |
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TEXT ONLY ORDER: Case attorneys and parties are to report to Magistrate Judge Bradley W. Rath's Chambers (Suite 672) Gulfport for settlement conference on May 19, 2023, at 1:30 PM. If the case cannot be resolved at the Settlement Conference, hearing on #2 Emergency Motion for Temporary Restraining Order will follow immediately thereafter before District Judge Taylor B. McNeel in Courtroom (706) Gulfport. NO FURTHER WRITTEN ORDER SHALL ISSUE BY THIS COURT. Signed by District Judge Taylor B. McNeel on 5/19/2023. (KB)
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| SET HEARING: Settlement Conference is set for 5/19/2023 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge Bradley W. Rath. (KB) |
| MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Motion Hearing as to #2 Emergency Motion for Temporary Restraining Order held on 5/19/2023. Witnesses were called, and exhibits entered. The Court considered oral arguments of the parties, the record, and relevant legal authority. For reasons as stated on the record, #2 Emergency Motion for Temporary Restraining Order was denied. A separate order will be issued. APPEARANCES: M. Raney-Gray, J. Tom, L. Morris - PHV, for Plaintiff; W. Clark for Defendants; S. Vance, CSO. Court Reporter Kati Vogt, Telephone Number: 228-563-1780, E-mail: Kati_Vogt@mssd.uscourts.gov. (KB) |
| Filing 10 NOTICE of Hearing on Emergency Motion for Temporary Restraining Order by L.B. re #2 Emergency MOTION for Temporary Restraining Order (Raney-Gray, McKenna) |
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Filing 9
ORDER REASSIGNING CASE: Pursuant to Section IV of Internal Rule 1 of this Court, and due to the temporary unavailability of Senior Judge Louis Guirola, Jr., this matter is hereby reassigned to District Judge Taylor B. McNeel for all purposes related to the Emergency Motion #2 and the hearing thereon scheduled for Friday, May 19, 2023. Should this matter proceed after the hearing, it will proceed before United States District Judge Louis Guirola. Signed by Chief District Judge Daniel P. Jordan, III on 5/18/2023 (wld)
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Filing 8
ORDER OF RECUSAL. District Judge Halil S. Ozerden recused. Case reassigned to District Judge Louis Guirola, Jr for all further proceedings. Signed by District Judge Halil S. Ozerden on 5/18/23. (JCH)
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| Filing 7 MOTION for Linda Morris to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5119250) by L.B. (Attachments: #1 Exhibit A Certificate of Good Service)(Tom, Joshua) |
| Filing 6 NOTICE of Appearance by Joshua F. Tom on behalf of L.B. (Tom, Joshua) |
| Filing 5 Summons Issued as to Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King. (wld) |
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Filing 4
ORDER Setting Hearing on Plaintiff's Emergency Motion #2 for Temporary Restraining Order. Motion Hearing set for 5/19/2023 01:30 PM in Courtroom 806 (Gulfport) Ozerden before District Judge Halil S. Ozerden. Signed by District Judge Halil S. Ozerden on 5/18/2023.(sa)
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| Filing 3 MEMORANDUM in Support re #2 Emergency MOTION for Temporary Restraining Order filed by L.B. (Raney-Gray, McKenna) |
| Filing 2 Emergency MOTION for Temporary Restraining Order by L.B. (Attachments: #1 Exhibit A Declaration of L.B., #2 Exhibit B Declaration of Samantha Brown, #3 Exhibit C HCHS Graduation Ceremony Letter, #4 Exhibit D Dress Code Policy, #5 Exhibit E Graduation Regalia Policy)(Raney-Gray, McKenna) |
| Filing 1 COMPLAINT against Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Filing fee $ 402; receipt number 5118851), filed by L.B. (Attachments: #1 Civil Cover Sheet)(JCH) |
| Filing 1 COMPLAINT against Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Filing fee $ 402; receipt number 5118851), filed by L.B. (Attachments: # 1 Civil Cover Sheet)(JCH) |
| ***TERMINATE HEARING: In light of #9 Order Reassigning Case, Hearing on #2 Emergency Motion for Temporary Restraining Order before District Judge Halil S. Ozerden set for 5/19/2023 is terminated and will be reset before District Judge Taylor B. McNeel on 5/19/2023. (KB) |
| DOCKET ANNOTATION as to # 2. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. (JCH) |
| NOTICE OF HEARING: Emergency Motion #2 for Temporary Restraining Order. Motion Hearing set for 5/19/2023 at 1:30 PM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS) |
| Issued summons emailed to office of McKenna Raney-Gray and Joshua Tom at email address provided. (wld) |
| DOCKET ANNOTATION as to # 7. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. (JCH) |
| NOTICE OF HEARING ON MOTION: Hearing on #2 Emergency Motion for Temporary Restraining Order is set for 5/19/2023 at 1:30 PM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. The Court will entertain a request by any attorney of record desiring to appear via Zoom. (KB) |
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TEXT ONLY ORDER granting #7 Motion to Appear Pro Hac Vice. That Attorney Linda Morris be admitted pro hac vice in this case on behalf of Plaintiff L.B. in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Bradley W. Rath on 5/18/2023 (AB)
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