Hunter et al v. U.S. Department of Education et al
| Veronica Bonifacio Penales, Joanna Maxon, Rachel Moulton, Scott McSwain, Hayden Brown, Lucas Wilson, Cameron Martinez, Brooke C., Lauren Hoekstra, Gary Campbell, Tristan Campbell, Chandler Horning, Ashtin Markowski, Mackenzie McCann, Faith Millender, Darren McDonald, Journey Mueller, Natalie Carter, Alex Duron, Victoria Joy Bacon, Spencer J Vigil, Zayn Silva, Megan Steffen, Jonathan Jones, Louis James, Nathan Brittsan, Audrey Wojnarowisch, Elizabeth Hunter, Jake Picker, Rachel Held, Danielle Powell, Avery Bonestroo, Jaycen Montgomery, Spencer J. Vigil, Daniel Tidwell-Davis, Devin Bryant, Saren Criag, Jamie Lord, Consolata Bryant, Justin Tidwell-Davis and Mortimer Halligan |
| U.S. Department of Education and Suzanne Goldberg |
| Council for Christian Colleges & Universities, William Jessup University, Phoenix Seminary and Western Baptist College doing business as Corban University |
| State of Montana, State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of Oregon, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Nevada, State of Pennsylvania, State of Vermont, State of Virginia, State of Washington and District of Columbia |
| 6:2021cv00474 |
| March 29, 2021 |
| US District Court for the District of Oregon |
| Ann L Aiken |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 171
Redaction to Motion for Leave to File Amended Complaint/Petition #148 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL) (Southwick, Paul)
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Filing 170
Redaction to Declaration, #66 of Lauren Swain by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Southwick, Paul)
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Filing 169
Redaction to Amended Complaint,,,,,, #35 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (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, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL) (Southwick, Paul)
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Filing 168
Redaction to Complaint,,,,,, #1 by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. Filed by Victoria Joy Bacon, Avery Bonestroo, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (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, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Civil Cover Sheet) (Southwick, Paul)
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Filing 164
Notice of Voluntary Dismissal with Prejudice. Filed by Nathan Brittsan, Joanna Maxon. (Southwick, Paul)
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Filing 163
Reply to Motion for Leave to File Amended Complaint/Petition #148 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 162
Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Brief #160 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Southwick, Paul)
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Filing 161
Brief Joint Post-Hearing Response Brief. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Related document(s): Brief #152 , Brief #150 , Brief #151 .) (Schaerr, Gene)
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Filing 160
Brief Post-PI Hearing Reply Brief. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 159
Brief , Post-Hearing Response. Filed by All Defendants. (Related document(s): Brief #151 .) (Federighi, Carol)
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Filing 158
Response in Opposition to Motion for Leave to File Amended Complaint/Petition #148 . Filed by Suzanne Goldberg, U.S. Department of Education. (Snyder, Hilarie)
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Filing 157
Response in Opposition to Motion for Leave to File Amended Complaint/Petition #148 . Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Schaerr, Gene)
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Filing 156
Objection(s) to #138 Deposition Testimony Designation Response to Government Defendants' Objections to Plaintiffs' Deposition Designations. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 155
Joint Notice of Supplemental Authority Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: #1 Exhibit A) (Lippelmann, Mark)
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Filing 154
ORDER: Granting #153 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Leave to File Amended Complaint/Petition #148 . Response is due by 1/7/2022. Reply is due by 1/21/2022. Motion is taken under advisement as of 1/24/2022. Ordered by Judge Ann L. Aiken. (ck)
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Filing 153
Unopposed Motion for Extension of Time to File a Response/Reply Joint and Unopposed MOET to Motion for Leave to File Amended Complaint/Petition #148 . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 152
Joint Brief Post-Hearing Brief. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Schaerr, Gene)
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Filing 151
Brief Closing Memorandum for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 150
Brief , Post-Hearing Opening. Filed by All Defendants. (Federighi, Carol)
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Filing 149
Notice of Attorney Withdrawal: Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott)
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Filing 148
***SEALED*** Motion for Leave to File Amended Complaint/Petition . Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL) (Southwick, Paul) Modified on 3/3/2022 to seal per Court Order. (bd)
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Filing 147
Joint Reply to Joint Motion to Dismiss and Memorandum in Support #137 Oral Argument requested. Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Prince, Joshua)
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Filing 146
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 3 held on 11/8/2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/1/2021. Redaction Request due 12/15/2021. Redacted Transcript Deadline set for 12/27/2021. Release of Transcript Restriction set for 2/22/2022. (Steppler, Kendra)
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Filing 145
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 2 held on November 5, 2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/29/2021. Redaction Request due 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Steppler, Kendra)
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Filing 144
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing Volume 1 held on November 4, 2021, before Judge Ann L. Aiken, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/29/2021. Redaction Request due 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (jjcr)
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Filing 143
Response in Opposition to Joint Motion to Dismiss and Memorandum in Support #137 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 142
MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. Evidence adduced and witnesses sworn. Federal Defendants' Witness: Randolph Wills. Plaintiffs' exhibits offered and received: 21-23. Intervenor Defendant CCCU's Witness: Dr. Mark Regnerus. The Court finds Dr. Mark Regnerus qualified as an expert witness. CCCU's exhibits offered and received: 26, 1, 2, and 6. The Court orders a closing argument schedule as follows: Simultaneous briefs are due by 12/6/2021. Simultaneous response briefs are due by 1/10/2022. All briefs are limited to 35 pages each. The matter will be taken under advisement on 1/10/2022. Paul Southwick - by video, Joseph Baxter - by video present as counsel for plaintiffs. Hilarie Snyder - by video, Elliott Davis - by video present as counsel for defendants. Ryan Tucker - by video, Herbert Grey - by phone, Gene Schaerr - by video, Joshua Prince - by video, Nicholas Miller - by video present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck)
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Filing 141
MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. Evidence adduced and witnesses sworn. Plaintiffs' Witness: Dr. Joshua Wolff. The Court finds Dr. Joshua Wolff qualified as an expert witness. Plaintiffs' exhibits offered and received: 17-20. Federal Defendants' Witnesses: Alice Yao, Randolph Wills. The Court receives all federal defendants' exhibits. Preliminary Injunction Hearing continued to 11/8/2021 at 0800AM in Eugene by videoconference before Judge Ann L. Aiken. Paul Southwick - by video, Alletta Brenner - by phone, Joseph Baxter - by video present as counsel for plaintiffs. Carol Federighi - by video, Elliott Davis - by phone, Hilarie Snyder - by video present as counsel for defendants. Mark Lippelmann - by video, Ryan Tucker - by phone, Herbert Grey - video, Gene Schaerr - by video, Joshua Prince - by phone, Nicholas Miller - by video present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck)
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Filing 140
MINUTES of Proceedings: Preliminary Injunction Hearing held before Judge Ann L. Aiken by videoconference. The parties stipulate to the authenticity of all exhibits. Opening Statements given by plaintiffs, defendants, and intervenor defendants. Evidence adduced and witnesses sworn. Plaintiffs' Witnesses: Alex Duron, Veronica Bonifacio Penales, Dr. Ilan Meyer, Audrey Wojnarowisch, Faith Elizabeth Hunter, and Kalie Hargrove. The Court finds Dr. Ilan Meyer qualified as an expert witness. Plaintiffs' exhibits offered and received: 1-16. CCCU's exhibits offered and received: 10, 11, 13, 14 & 20. Preliminary Injunction Hearing continued to 11/5/2021. Paul Southwick - by video, Misha Isaak - by video, Joseph Baxter - by phone present as counsel for plaintiffs. Carol Federighi - by video, Elliott Davis - by video, Hilarie Snyder - by video present as counsel for defendants. Mark Lippelmann - by video, Ryan Tucker - by phone, Herbert Grey - video, Gene Schaerr - by video, Joshua Prince - by video, Nicholas Miller - by video present as counsel for intervenor defendants. Court Reporter: Jill Jessup. (ck)
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Filing 139
Expert Statement of Dr. Mark Regnerus. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene)
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Filing 138
Designation of Deposition Testimony And Objections to Plaintiffs' Deposition Designations. Filed by All Defendants. (Snyder, Hilarie)
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Filing 137
Joint Motion to Dismiss and Memorandum in Support. Filed by Council for Christian Colleges & Universities, William Jessup University, Phoenix Seminary, Western Baptist College. (Lippelmann, Mark)
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Filing 136
ORDER: Granting Unopposed Motion to Appear as Amicus Curiae #135 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 135
Unopposed Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher)
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Filing 134
ORDER: Denying Motion to Appear as Amicus Curiae #130 and Motion to Appear as Amicus Curiae #131 without prejudice for failure to comply with the certification requirements in this District's Local Rule 7-1(a). Ordered by Judge Ann L. Aiken. (ck)
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Filing 133
Redacted Designation of Deposition Testimony of Department of Education 30(b)(6) Witness Randolph Wills. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 132
Amicus Brief of Oregon and 18 Other States in Support of Plaintiffs. Filed by State of Oregon. (Related document(s): Motion to appear as amicus curiae #131 .) (Perdue, Christopher)
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Filing 131
Joint Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher)
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Filing 130
Joint Motion to Appear as Amicus Curiae in Support of Plaintiffs. Filed by State of Oregon. (Perdue, Christopher)
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Filing 129
Exhibit List (titled "Defendant-Intervenors Western Baptist College d/b/a Corban University, William Jessup University, and Phoenix Seminary's Exhibit List"). Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 128
Witness List (titled "Defendant-Intervenors Western Baptist College d/b/a Corban University, William Jessup University, and Phoenix Seminary's Witness List"). Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 127
Expert Statement of Dr. Jonathan Coley. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 126
Expert Statement of Dr. Ilan Meyer. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 125
Expert Statement of Dr. Joshua Wolff. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 124
Exhibit List (titled "Government Defendants' Exhibit List"). Filed by Suzanne Goldberg, U.S. Department of Education. (Attachments: #1 Exhibit 1 - OCR Case Processing Manual, #2 Exhibit 2 - Sample letter, #3 Exhibit 3 - Case Status Chart (rev. 10/27/21), #4 Exhibit 4 - 20 U.S.C. 1681, #5 Exhibit 5 - 34 C.F.R. 106.12, #6 Exhibit 6 - 2016 Bob Jones Assurance Request and Letter, #7 Exhibit 7 - 7 85 Fed. Reg. 59,916 (Sept. 23, 2020, Final Rule), #8 Exhibit 8 - 85 Fed. Reg. 3,190 (Jan 17, 2020, Proposed Rule), #9 Exhibit 9 - 42 Fed. Reg. 15,141 (Mar. 18, 1977, HEW Form 639-A), #10 Exhibit 10 - Singleton Memo (Feb. 19, 1985), #11 Exhibit 11 - Smith Memo (Oct. 11, 1989), #12 Exhibit 12 - 1985, 2015 Union University Exemption Letters, #13 Exhibit 13 - Correspondence Between OCR and NWYMF, #14 Exhibit 14 - 85 Fed. Reg. 30,026 (May 19, 2020, Final Rule) (excerpts), #15 Exhibit 15 - A. Duron Title IX Complaint and Declaration, #16 Exhibit 16 - A. Wojnarowisch Title IX Complaint and Declaration, #17 Exhibit 17 - George Fox Correspondence, #18 Exhibit 18 - V. Penales Title IX Complaint and Declaration, #19 Exhibit 19 - Baylor Correspondence, #20 Exhibit 20 - E. Hunter Title IX Complaint and Declaration, #21 Exhibit 21 - School List) (Davis, Elliott) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 123
Witness List (titled "Government Defendants' Witness List"). Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott) Modified on 11/1/2021 to add docket text. NEF not regenerated to the parties. (bd)
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Filing 122
Witness List (titled "Defendants-Intervenor CCCU's Witness List"). Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 121
Exhibit List (titled "Defendants-Intervenor CCCU's Exhibit List"). Filed by Council for Christian Colleges & Universities. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit) (Schaerr, Gene) Modified on 11/1/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 120
Amended Plaintiffs' Witness List for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul) Modified on 10/29/2021 to update docket text. NEF not regenerated to the parties. (bd)
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Filing 119
Notice of Correction by Clerk regarding #118 Exhibit List and #117 Witness List. A Clerical error has been discovered in the case record: The documents were missing case caption cover pages. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachments.The Notice of Electronic Filing will be regenerated to all parties. (cw)
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Filing 118
Exhibit List for PI Hearing. Filed by All Plaintiffs. (Attachments: #1 Exhibit Alex Duron Expulsion Letter, #2 Exhibit Alex Duron Title IX Complaint, #3 Exhibit Union University Exemption Assurance from OCR, #4 Exhibit Union University Policy Language, #5 Exhibit Jamie Lord Title IX Complaint, #6 Exhibit Regent University School of Law Policy Language, #7 Exhibit Audrey Wojnarowisch Title IX Complaint, #8 Exhibit George Fox University Policy Language, #9 Exhibit George Fox University Exemption Assurance, #10 Exhibit Correspondence between OCR and NWYMF and GFU, #11 Exhibit Veronica Penales Title IX Complaint, #12 Exhibit Baylor University Policy Language, #13 Exhibit Baylor University Exemption Assurance, #14 Exhibit Elizabeth Hunter Title IX Complaint, #15 Exhibit Bob Jones University Policy Language, #16 Exhibit Bob Jones University Exemption Assurance, #17 Exhibit Kalie Hargrove Expulsion Letter, #18 Exhibit Joshua Wolff September 29, 2016 email, #19 Exhibit Joshua Wolff June 30, 2021 email, #20 Exhibit OCR Processing Manual, #21 Exhibit Chart of Title IX Complaint status from Deposition) (Southwick, Paul) (Main Document 118 replaced on 10/27/2021) (cw).
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Filing 117
Witness List for PI Hearing. Filed by All Plaintiffs. (Southwick, Paul) (Main Document 117 replaced on 10/27/2021) (cw).
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Filing 116
Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Reply to Motion #114 .) (Attachments: #1 Exhibit B) (Southwick, Paul)
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Filing 115
Declaration of Jane Doe. Filed by All Plaintiffs. (Related document(s): Reply to Motion #114 .) (Southwick, Paul)
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Filing 114
Reply to Defendants-Intervenors' Joint Response to Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support (Related documents: Motion for Temporary Restraining Order #44 , Motion to Amend/Correct #75 , Joint Response in Opposition to Motion for Temporary Restraining Order #109 .) Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) Modified on 10/25/2021 to update docket text and add document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 113
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court approves the parties' proposed pre-hearing schedule and schedule for the 11/4-11/5/2021 hearing on plaintiffs' motion for a preliminary injunction #44 and sets a deadline for intervenors' joint motion to dismiss. Plaintiffs shall disclose witnesses and exhibit lists and produce exhibits by 12:00 PDT on 10/25/2021. Federal defendants and intervenors shall disclose witnesses and exhibit lists and produce exhibits by 12:00 PDT on 10/29/2021. The parties shall provide the Court with two hard copies and one thumb drive electronic copy of exhibits as soon as possible after their respective production deadlines. Plaintiffs' expert reports are due by 10/29/2021 and federal defendants' and intervenors' are due by 11/2/2021. Plaintiffs shall provide deposition designations on 10/29/2021 and federal defendants and intervenors shall do so by 11/2/2021. The parties shall exchange any demonstratives by 11/2/2021. At the preliminary injunction hearing on 11/4/2021, plaintiffs and federal defendants shall have 15 minutes each for opening statements, intervenors shall have 15 minutes for a joint opening statement, and plaintiffs shall present evidence. On 11/5/2021, federal defendants and intervenors shall present evidence and the parties' shall have 15 minutes each for closing statements. Intervenors' joint motion to dismiss is due by 11/2/2021. Paul Southwick present as counsel for plaintiffs. Carol Federighi, Elliott Davis, Hilarie Snyder present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Court Reporter: Kendra Steppler. (ck)
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Filing 112
ORDER: Granting Stipulated Motion for a Protective Order #110 . Signed on 10/20/2021 by Judge Ann L. Aiken. (ck)
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Filing 111
Stipulation for Remote Depositions by Suzanne Goldberg, U.S. Department of Education. Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott)
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Filing 110
Stipulated Motion for Protective Order Stipulated Protective Order. Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott)
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Filing 109
Joint Response in Opposition to Motion for Temporary Restraining Order #44 , Motion to Amend/Correct Motion for Temporary Restraining Order, #44 #75 . Filed by Council for Christian Colleges & Universities, Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: #1 Exhibit Declaration of Shirley Hoogstra) (Schaerr, Gene)
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Filing 108
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on 10/4/2021 before Judge Ann L. Aiken, Court Reporter Kendra Steppler, telephone number 541-431-4112 kendra_steppler@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/19/2021. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/10/2022. (Steppler, Kendra)
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Filing 107
ORDER: William Jessup University, Phoenix Seminary, and Western Baptist College's (the "Religious Schools") Proposed Motions to Dismiss #32 , #54 are DENIED with leave to renew and the Religious Schools' and Council for Christian Colleges & Universities' motions for leave to file motions and briefing #68 , #73 , #82 are GRANTED, consistent with the restrictions set forth in this Court's 10/8/21 Opinion and Order #106 . Plaintiffs' Motion to Strike Proposed Intervenors' Oppositions to TRO/PI #72 is DENIED as MOOT. Ordered by Judge Ann L. Aiken. (ck)
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Filing 106
OPINION AND ORDER: The Religious Schools' and CCCU's Motions to Intervene (docs. #8 , #26 ) are GRANTED. Further, to litigate this matter in the most efficient and economic manner, intervenor-defendants are ORDERED to consolidate their response to plaintiffs' Motion for Preliminary Injunction, in accordance with the limitations outlined. Intervenor-defendants' joint response is due 10/15/2021, and plaintiffs' reply is due on 10/22/2021. At the 10/20/2021 telephonic status conference, the Court will discuss a schedule for intervenor-defendants' joint Motion to Dismiss and the scope of their intervention going forward. Signed on 10/8/2021 by Judge Ann L. Aiken. (ck)
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Filing 105
Amicus Curiae Appearance entered by Shawn M. Lindsay on behalf of State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah Amici Curiae Brief of Fourteen States Supporting Defendants. Filed by on behalf of State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Lindsay, Shawn)
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Filing 104
ORDER: Granting Unopposed Motion to Appear as Amicus Curiae #103 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 103
Unopposed Motion to Appear as Amicus Curiae . Filed by State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Attachments: #1 Attachment Proposed Amicus Curiae Brief) (Lindsay, Shawn)
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Filing 102
ORDER: Denying Motion to Appear as Amicus Curiae #94 without prejudice for failure to comply with the certification requirements in this District's Local Rule 7-1(a). Ordered by Judge Ann L. Aiken. (plb)
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Filing 101
Joint Rule 26(f) Report and Discovery Plan . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 100
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court authorizes plaintiffs to conduct limited discovery before the preliminary injunction hearing as stated on the record. Alletta Brenner, Paul Southwick present as counsel for plaintiffs. Carol Federighi, Elliott Davis, Hilarie Snyder present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Shawn Lindsay, Christian Corrigan present as counsel for amicus. Court Reporter: Kendra Steppler. (ck)
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Filing 99
Scheduling Order by Judge Ann L. Aiken. Status Conference is reset from 9/29/2021 to 10/4/2021 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 98
Scheduling Order by Judge Ann L. Aiken. Status Conference is set for 9/29/2021 at 03:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 97
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #95 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 96
Notice of Correction by Clerk regarding #94 Motion to appear as amicus curiae and proposed brief. A Clerical error has been discovered in the case record: The incorrect year was listed on the PDF. The following corrections were made to the record: Corrected PDFs have been uploaded and have replaced the incorrect attachments.The Notice of Electronic Filing will be regenerated to all parties. (eo)
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Filing 95
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shawn M. Lindsay. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8241121. Oral Argument requested. Filed by State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Corrigan, Christian)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christian B. Corrigan. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8241121 #95 : Reviewed and Ready for Ruling. (ck)
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Filing 94
Motion to Appear as Amicus Curiae in Support of Defendants and Proposed Defendant-Intervenors. Filed by State of Montana, State of Alabama, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Nebraska, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Attachments: #1 Proposed Document) (Lindsay, Shawn) (PDF attachments replaced on 9/22/2021) (eo).
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Filing 93
Notice of Appearance of Hilarie Snyder appearing on behalf of All Defendants . Filed by Suzanne Goldberg, U.S. Department of Education. (Snyder, Hilarie)
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Filing 92
Reply to Motion to Dismiss for Lack of Jurisdiction #56 . Filed by All Defendants. (Davis, Elliott)
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Filing 91
ORDER: Granting #90 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Jurisdiction #56 . Reply is due by 9/17/2021. Motion is taken under advisement as of 9/20/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 90
Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction #56 . Filed by All Defendants. (Davis, Elliott)
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Filing 89
MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The Court sets a Status Conference for 10/20/2021 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. An estimated 2-day Preliminary Injunction Hearing is set to begin 11/4/2021 at 09:00AM in Eugene by videoconference before Judge Ann L. Aiken. Timothy Volpert, Paul Southwick, Alletta Brenner present as counsel for plaintiffs. Elliott Davis, Marci Berman, Carol Federighi present as counsel for defendants. Mark Lippelmann, Ryan Tucker, Herbert Grey, Gene Schaerr, Joshua Prince, Nicholas Miller present as counsel for intervenor defendants. Court Reporter: Jacqueline Butler. (ck)
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Filing 88
OPINION AND ORDER: Plaintiffs' Motion to Amend their TRO #75 is GRANTED but plaintiffs' initial and amended request for a TRO (docs. #44 , #75 ) are DENIED. As the Court mentioned to the parties, the August 31, 2021 hearing, which had been scheduled as oral argument on plaintiff's TRO Motion, will instead be treated as a status conference to discuss whether and how plaintiffs wish to proceed on their request for a preliminary injunction and other matters pending in this action. Signed on 8/30/2021 by Judge Ann L. Aiken. (ck)
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Filing 87
Proposed Response in Opposition to Unopposed Motion to Strike Proposed Intervenors' Oppositions to TRO/PI (Dkt. #53 , #55 ) and Proposed Intervenors' Proposed Motions to Dismiss (Dkt #54 , #68 ) Response to Motion #53 , Response in Opposition to Motion #55 #72 Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene) Modified on 9/1/2021 to add document links. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 86
Response in Opposition to Motion to Dismiss for Lack of Jurisdiction #56 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 85
Notice of Appearance of Alletta S. Brenner appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Brenner, Alletta)
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Filing 84
Notice of Appearance of Misha Isaak appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Isaak, Misha)
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Filing 83
Declaration of Camille D. Lee. Filed by All Defendants. (Related document(s): Memorandum in Opposition #62 .) (Davis, Elliott)
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Filing 82
Motion for Leave to File Motion to Dismiss the First Amended Class Complaint and Opposition to Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark)
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Filing 81
Response in Opposition to Motion #53 #54 #55 #68 #72 (Titled "The Religious Schools' Response to Plaintiffs' Motion to Strike Proposed Intervenors' Proposed Motions to Dismiss and Oppositions to Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter".) Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark) Modified on 8/27/2021 to update docket text to reflect title of document. Notice of Electronic Filing regenerated to parties. (jw)
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Filing 80
Declaration of Audrey Wojnarowisch . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #75 .) (Southwick, Paul)
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Filing 79
Declaration of Cameron Martinez . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #75 .) (Southwick, Paul)
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Filing 78
Declaration of Hayden Brown . Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #75 .) (Southwick, Paul)
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Filing 77
Declaration of Jamie Lord. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #75 .) (Southwick, Paul)
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Filing 76
Declaration of Taran Trinnaman. Filed by All Plaintiffs. (Related document(s): Motion to Amend/Correct #75 .) (Attachments: #1 Exhibit A) (Southwick, Paul)
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Filing 75
Motion to Amend/Correct Motion for Temporary Restraining Order, #44 . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul)
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Filing 74
Response to Motion for Leave to File Opposition to Motion for TRO #73 . Filed by All Defendants. (Davis, Elliott)
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Filing 73
Motion for Leave to File Opposition to Motion for TRO. Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene)
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Filing 72
Unopposed Motion to Strike Proposed Intervenors' Oppositions to TRO/PI (Dkt. #53 , #55 ) and Proposed Intervenors' Proposed Motions to Dismiss (Dkt #54 , #68 ) Response to Motion #53 , Response in Opposition to Motion #55 . Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/23/2021 to add document links. Notice of Electronic Filing regenerated to parties. (jw)
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Filing 71
ORDER: Granting #69 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Lack of Jurisdiction #56 . Response is due by 8/27/2021. Motion is taken under advisement as of 9/13/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 70
Response to Motion for Leave to File Motion to Dismiss #68 . Filed by All Defendants. (Davis, Elliott)
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Filing 69
Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction #56 . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 68
Motion for Leave to File Motion to Dismiss. Oral Argument requested.Expedited Hearing requested. Filed by Council for Christian Colleges & Universities. (Attachments: #1 Exhibit CCCU's Proposed Motion to Dismiss) (Schaerr, Gene)
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Filing 67
Declaration of Paul Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Southwick, Paul)
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Filing 66
***SEALED*** Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd)
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Filing 65
Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Southwick, Paul)
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Filing 64
Reply to Motion for Temporary Restraining Order #44 . Filed by All Plaintiffs. (Southwick, Paul)
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Filing 63
Declaration of Elliott M. Davis . Filed by All Defendants. (Related document(s): Memorandum in Opposition #62 .) (Attachments: #1 Exhibit A - Email Correspondence) (Davis, Elliott)
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Filing 62
Memorandum in Opposition to Motion for Temporary Restraining Order #44 . Filed by All Defendants. (Davis, Elliott)
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Filing 61
Corrected Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Southwick, Paul)
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Filing 60
Amended Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (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) (Southwick, Paul)
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Filing 59
Amended Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #44 .) (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) (Southwick, Paul)
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Filing 58
Scheduling Order by Judge Ann L. Aiken regarding Motion for Temporary Restraining Order #44 . Defendants' Response is due by 8/13/2021. Plaintiffs' Reply is due by 8/17/2021. Oral Argument is set for 8/31/2021 at 01:00PM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (ck)
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Filing 57
Notice of Appearance of Elliott M. Davis appearing on behalf of All Defendants . Filed by Suzanne Goldberg, U.S. Department of Education. (Davis, Elliott)
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Filing 56
Motion to Dismiss . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol) Modified on 8/11/2021 to correct event type. NEF not regenerated. (bd)
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Filing 55
Proposed Response in Opposition to Motion for Temporary Restraining Order #44 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Lippelmann, Mark)
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Filing 54
Proposed Motion to Dismiss First Amended Complaint. Oral Argument requested. Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: #1 Exhibit A) (Lippelmann, Mark) Modified on 8/11/2021 to correct event selection. NEF not regenerated. (bd)
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Filing 53
Response to Motion for Temporary Restraining Order #44 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert)
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Filing 52
Notice of Correction by Clerk regarding Motion for Temporary Restraining Order #44 . A Clerical error has been discovered in the case record: Docket text is missing the descriptive text. The following corrections were made to the record: The clerk has corrected the docket text. The Notice of Electronic Filing will be regenerated to all parties. (bd)
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Filing 51
Notice of Appearance of Timothy R. Volpert appearing on behalf of All Plaintiffs . Filed by Victoria Joy Bacon, Avery Bonestroo, Nathan Brittsan, Hayden Brown, Consolata Bryant, Devin Bryant, Brooke C., Gary Campbell, Tristan Campbell, Natalie Carter, Saren Criag, Alex Duron, Mortimer Halligan, Rachel Held, Lauren Hoekstra, Chandler Horning, Elizabeth Hunter, Louis James, Jonathan Jones, Jamie Lord, Ashtin Markowski, Cameron Martinez, Joanna Maxon, Mackenzie McCann, Darren McDonald, Scott McSwain, Faith Millender, Jaycen Montgomery, Rachel Moulton, Journey Mueller, Veronica Bonifacio Penales, Jake Picker, Danielle Powell, Zayn Silva, Megan Steffen, Daniel Tidwell-Davis, Justin Tidwell-Davis, Spencer J. Vigil, Lucas Wilson, Audrey Wojnarowisch. (Volpert, Timothy)
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Filing 50
Declaration of Paul Carlos Southwick. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (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 K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U, #21 Exhibit V, #22 Exhibit W, #23 Exhibit X) (Southwick, Paul)
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Filing 49
Declaration of Josiah Robinson. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (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 O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T) (Southwick, Paul)
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Filing 48
Declaration of Lauren Swain. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Southwick, Paul)
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Filing 47
Declaration of Rosalyn Simon. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (Southwick, Paul)
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Filing 46
Declaration of Joni McLeod. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (Southwick, Paul)
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Filing 45
Declaration of Andrew Hartzler. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #44 .) (Southwick, Paul)
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Filing 44
Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter; Memorandum of Law in Support Thereof. Oral Argument requested. Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) Modified on 8/6/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 43
ORDER: Granting Unopposed Motion for Extension of Time to Answer #42 . Answer is due by 8/9/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 42
Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, #35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol)
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Filing 41
Reply to Motion to Intervene #26 . Filed by Council for Christian Colleges & Universities. (Grey, Herbert)
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Filing 40
Reply to Motion to Intervene and Memorandum in Support #8 Oral Argument requested. Filed by Phoenix Seminary, Western Baptist College, William Jessup University. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lippelmann, Mark)
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Filing 39
ORDER: Granting Unopposed Motion for Extension of Time to Answer #38 . Answer is due by 7/9/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 38
Unopposed Motion for Extension of Time to Answer Amended Complaint,,,,, #35 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol)
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Filing 37
Amended Response in Opposition to Motion to Intervene #26 , Motion to Intervene and Memorandum in Support #8 . Filed by Suzanne Goldberg, U.S. Department of Education. (Federighi, Carol)
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Filing 36
Response in Opposition to Motion to Intervene #26 , Motion to Intervene and Memorandum in Support #8 . Filed by All Defendants. (Federighi, Carol)
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Filing 35
***SEALED*** First Amended Complaint . Filed by Audrey Wojnarowisch, Lucas Wilson, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Veronica Bonifacio Penales, Louis James, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J. Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton, Daniel Tidwell-Davis, Devin Bryant, Saren Criag, Jamie Lord, Consolata Bryant, Justin Tidwell-Davis, Mortimer Halligan against All Defendants (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, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL). (Southwick, Paul) Modified on 3/3/2022 to seal per Order of the Court. (bd)
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Filing 34
ORDER: Granting #33 Joint Motion for Extension of Time to File Response/Reply to Motion to Intervene #26 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 33
Joint Motion for Extension of Time to File a Response/Reply to Motion to Intervene #26 . Filed by All Defendants. (Federighi, Carol)
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Filing 32
Proposed Motion to Dismiss . Filed by William Jessup University, Phoenix Seminary, Western Baptist College. (Attachments: #1 Exhibit A) (Lippelmann, Mark)
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Filing 31
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #27 ; Granting Motion for Leave to Appear Pro Hac Vice #28 ; Granting Motion for Leave to Appear Pro Hac Vice #29 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 30
Corporate Disclosure Statement . Filed by Council for Christian Colleges & Universities. (Grey, Herbert)
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Filing 29
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109. Filed by Council for Christian Colleges & Universities. (Miller, Nicholas)
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Filing 28
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108. Filed by Council for Christian Colleges & Universities. (Prince, Joshua)
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Filing 27
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107. Filed by Council for Christian Colleges & Universities. (Schaerr, Gene)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua James Prince. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080108 #28 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nicholas P. Miller. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080109 #29 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Gene Schaerr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8080107 #27 : Reviewed and Ready for Ruling. (ck)
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Filing 26
Motion to Intervene . Oral Argument requested. Filed by Council for Christian Colleges & Universities. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Grey, Herbert)
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Filing 25
Return of Service Executed as to Suzanne Goldberg served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul)
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Filing 24
Return of Service Executed as to U.S. Department of Education served on 4/9/2021, answer due on 6/8/2021. Service specifically made upon Local U.S. Attorney. (Southwick, Paul)
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Filing 23
ORDER: Granting #22 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Intervene #8 . Response is due by 6/8/2021. Motion is taken under advisement as of 6/28/2021. Ordered by Judge Ann L. Aiken. (ck)
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Filing 22
Unopposed Motion for Extension of Time to File a Response/Reply (Joint) to Motion to Intervene and Memorandum in Support #8 . Filed by All Defendants. (Federighi, Carol)
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Filing 21
Notice of Appearance of Carol Federighi appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Federighi, Carol)
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Filing 20
Corporate Disclosure Statement of Phoenix Seminary. Filed by Phoenix Seminary. (Lippelmann, Mark)
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Filing 19
Corporate Disclosure Statement of William Jessup University. Filed by William Jessup University. (Lippelmann, Mark)
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Filing 18
Corporate Disclosure Statement of Western Baptist College d/b/a Corban University. Filed by Western Baptist College d/b/a Corban University. (Lippelmann, Mark)
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Filing 17
Amended Certificate of Service by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University of Motion to Intervene and Memorandum in Support #8 Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Lippelmann, Mark)
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Filing 16
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #15 . Ordered by Judge Ann L. Aiken. (ck)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551 #15 : Reviewed and Ready for Ruling. (ck)
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Filing 15
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark A. Lippelmann. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8035551. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Lippelmann, Mark)
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Filing 14
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #12 ; Granting Motion for Leave to Appear Pro Hac Vice #13 . Ordered by Judge Ann L. Aiken. (ck)
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Filing 13
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Tucker, Ryan)
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Filing 12
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292. Filed by William Jessup University, Phoenix Seminary, Western Baptist College d/b/a Corban University. (Cortman, David)
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Filing 11
Declaration of Brian Arnold, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene #8 .) (Waggoner, Kristen)
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Filing 10
Declaration of John Jackson, Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene #8 .) (Waggoner, Kristen)
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Filing 9
Declaration of Sheldon C. Nord Ph.D. in Support of Proposed Intervenors Motion to Intervene. Filed by Phoenix Seminary, Western Baptist College d/b/a Corban University, William Jessup University. (Related document(s): Motion to intervene #8 .) (Waggoner, Kristen)
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Filing 8
Motion to Intervene and Memorandum in Support. Filed by Western Baptist College d/b/a Corban University, William Jessup University, Phoenix Seminary. (Attachments: #1 Exhibit 1) (Waggoner, Kristen)
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Filing 7
Summons Issued Electronically as to Suzanne Goldberg. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw)
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Filing 6
Summons Issued Electronically as to U.S. Department of Education. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (cw)
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Filing 5
Proposed Summons Suzanne Goldberg, in her official capacity as Acting Assistant Secretary for Civil Rights Filed by All Plaintiffs. (Southwick, Paul)
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Filing 4
Proposed Summons to Department of Education Filed by All Plaintiffs. (Southwick, Paul)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ryan J. Tucker. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033307 #13 ; Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David A. Cortman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8033292 #12 : Reviewed and Ready for Ruling. (ck)
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Filing 3
Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/28/2021. Joint Alternate Dispute Resolution Report is due by 8/27/2021. Pretrial Order is due by 8/27/2021. Ordered by Judge Ann L. Aiken. (bd)
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Filing 2
CASE MANAGEMENT ORDER. Signed on 3/30/2021 by Judge Ann L. Aiken. (ck)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8014072 Jury Trial Requested: Yes. Filed by Lucas Wilson, Audrey Wojnarowisch, Joanna Maxon, Avery Bonestroo, Jaycen Montgomery, Louis James, Veronica Bonifacio Penales, Elizabeth Hunter, Jonathan Jones, Megan Steffen, Chandler Horning, Journey Mueller, Faith Millender, Jake Picker, Cameron Martinez, Rachel Held, Scott McSwain, Brooke C., Spencer J Vigil, Gary Campbell, Mackenzie McCann, Natalie Carter, Darren McDonald, Danielle Powell, Victoria Joy Bacon, Alex Duron, Hayden Brown, Tristan Campbell, Lauren Hoekstra, Nathan Brittsan, Zayn Silva, Ashtin Markowski, Rachel Moulton against All Defendants (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, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Civil Cover Sheet). (Southwick, Paul)
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