Brown et al v. U.S. Department of Education et al Featured Case
Plaintiff: Myra Brown and Alexander Taylor
Defendant: U.S. Department of Education and Miguel Cardona
Case Number: 4:2022cv00908
Filed: October 10, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Nature of Suit: Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2022 Opinion or Order Filing 39 NOTICE OF APPEAL as to 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order to the Fifth Circuit by Miguel Cardona, U.S. Department of Education. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Knapp, Cody)
November 10, 2022 Opinion or Order Filing 38 Final Judgment (Ordered by Judge Mark Pittman on 11/10/2022) (chmb)
November 10, 2022 Opinion or Order Filing 37 ORDER granting 3 Motion for Injunction; denying 25 Motion to Dismiss for Lack of Jurisdiction. (Ordered by Judge Mark Pittman on 11/10/2022) (chmb)
November 10, 2022 Opinion or Order Civil Case Terminated per chambers. (bcr)
November 8, 2022 Opinion or Order Filing 36 NOTICE of Denial of Motion by Supreme Court in Related Case filed by Miguel Cardona, U.S. Department of Education (Attachments: # 1 Exhibit(s) Supreme Court Docket) (Talmor-DOJ, Kate)
November 4, 2022 Opinion or Order Filing 35 OBJECTION filed by Miguel Cardona, U.S. Department of Education re: 33 Order Setting Deadline/Hearing, (Talmor-DOJ, Kate)
November 4, 2022 Opinion or Order Filing 34 RESPONSE filed by Myra Brown, Alexander Taylor re: 33 Order Setting Deadline/Hearing, (Connolly, John)
November 2, 2022 Opinion or Order Filing 33 ORDER...Having held a hearing on Plaintiffs Motion for Preliminary Injunction and reviewed the related briefing, the Court intends to consolidate as it appears that the Parties have presented their case and no evidence of significance would be forthcoming at trial. The Court ORDERS the Parties to file written objections to the Court advancing Plaintiffs Motion for Preliminary Injunction to a determination on the merits by November 4, 2022. (Ordered by Judge Mark Pittman on 11/2/2022) (wxc)
October 31, 2022 Opinion or Order Filing 32 Notice of Filing of Official Electronic Transcript of Temporary Injunction Proceedings held on October 25, 2022 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (100 pages) Redaction Request due 11/21/2022. Redacted Transcript Deadline set for 12/1/2022. Release of Transcript Restriction set for 1/30/2023. (mwg) (Main Document 32 replaced on 11/9/2022) (bdb).
October 25, 2022 Opinion or Order Filing 31 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 10/25/2022 re 3 Motion for Injunction filed by Alexander Taylor, Myra Brown. Attorney Appearances: Plaintiff - Michael Connolly, Matt Pociask, Steven Begakis; Defense - Brian Netter, Kate Talmor, Samuel Rebo. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 2:30. (chmb)
October 24, 2022 Opinion or Order Filing 30 ORDER: On October 18, 2022, the Court set a hearing on Plaintiffs' Motion for Preliminary Injunction for 9:00 a.m. on Tuesday, October 25, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. The Court hereby instructs that each side will be allotted no more than two and a half hours to argue at the hearing. (Ordered by Judge Mark Pittman on 10/24/2022) (sre)
October 24, 2022 Opinion or Order Filing 29 NOTICE of Attorney Appearance by Samuel Rebo-DOJ on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Rebo-DOJ, Samuel)
October 21, 2022 Opinion or Order Filing 28 NOTICE of filed by Myra Brown, Alexander Taylor (Connolly, John)
October 21, 2022 Opinion or Order Filing 27 NOTICE of Attorney Appearance by Brian David Netter on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Netter, Brian)
October 20, 2022 Opinion or Order Filing 26 REPLY filed by Myra Brown, Alexander Taylor re: 3 MOTION for Injunction , 25 MOTION to Dismiss for Lack of Jurisdiction (Connolly, John)
October 19, 2022 Opinion or Order Filing 25 MOTION to Dismiss for Lack of Jurisdiction filed by Miguel Cardona, U.S. Department of Education (Talmor-DOJ, Kate)
October 19, 2022 Opinion or Order Filing 24 Opposition to Plaintiffs' 3 Motion for Preliminary Injunction and Motion to Dismiss/// Brief/Memorandum in Support filed by Miguel Cardona, U.S. Department of Education re 3 MOTION for Injunction and Combined Memorandum in Support of Motion to Dismiss (Attachments: # 1 Exhibit(s)) (Talmor-DOJ, Kate) Modified title per PDF on 10/20/2022 (mmw).
October 19, 2022 Opinion or Order Filing 23 ORDER granting 21 ...Before the Court is Defendants Motion for Enlargement of Pages to respond to Plaintiffs Motion for Preliminary Injunction (Motion). ECF No. 21 . Having considered the Motion and docket entries, the Court GRANTS the Motion. (Ordered by Judge Mark Pittman on 10/19/2022) (wxc)
October 18, 2022 Opinion or Order Filing 22 NOTICE of Attorney Appearance by Cody Taylor Knapp on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Knapp, Cody)
October 18, 2022 Opinion or Order Filing 21 MOTION Enlargement of Pages filed by Miguel Cardona, U.S. Department of Education (Talmor-DOJ, Kate)
October 18, 2022 Opinion or Order Filing 20 ORDER: Before the Court is Plaintiffs' Motion for Preliminary Injunction (ECF No. 3 ). The Court ORDERS that a hearing on Plaintiffs' Motion for Preliminary Injunction will be held at 9:00 a.m. on Tuesday, October 25, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 10/18/2022) (sre)
October 18, 2022 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue Oct 18 10:46:20 CDT 2022 (crt)
October 17, 2022 Opinion or Order Filing 19 ORDER...the Court ORDERS that Defendants Opposition to Plaintiffs Motion for Preliminary Injunction shall be filed on or before October 19, 2022, and Plaintiffs Reply to Defendants Opposition shall be filed on or before October 20, 2022. (Ordered by Judge Mark Pittman on 10/17/2022) (wxc)
October 17, 2022 Opinion or Order Filing 18 ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Matthew Pociask. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/17/2022) (chmb)(tjp)
October 17, 2022 Opinion or Order Filing 17 ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of J. Michael Connolly. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/17/2022) (chmb)(tjp)
October 14, 2022 Opinion or Order Filing 16 Joint STATUS REPORT filed by Myra Brown, Alexander Taylor. (Begakis, Steven)
October 14, 2022 Opinion or Order Filing 15 SUMMONS Returned Executed as to All Defendants. Miguel Cardona served on 10/12/22; ASUA on 10/13/22; USAG on 10/13/22. U.S. Department of Education served on 10/12/22; AUSA on 10/13/22; USAG served on 10/13/22 (Begakis, Steven) Modified on 10/17/2022 (mmw).
October 14, 2022 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Kate Talmor-DOJ on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Talmor-DOJ, Kate)
October 12, 2022 Opinion or Order Filing 13 NOTICE of Attorney Appearance by Robert Charles Merritt on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Merritt, Robert)
October 12, 2022 Opinion or Order Filing 12 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr)
October 12, 2022 Opinion or Order Filing 11 Court Request for Recusal: Judge Reed C. O'Connor recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Mark Pittman for all further proceedings. Future filings should indicate the case number as: 4:22-cv-00908-P. (bcr)
October 11, 2022 Opinion or Order Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew Pociask (Filing fee $100; Receipt number ATXNDC-13216274) filed by Myra Brown, Alexander Taylor (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Begakis, Steven)
October 11, 2022 Opinion or Order Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney J. Michael Connolly (Filing fee $100; Receipt number ATXNDC-13216084) filed by Myra Brown, Alexander Taylor (Attachments: # 1 Certificate of Good Standing, # 2 Exhibit(s) Court Admissions, # 3 Proposed Order) (Begakis, Steven)
October 11, 2022 Opinion or Order Filing 8 Summons issued as to Miguel Cardona, U.S. Department of Education, U.S. Attorney, and U.S. Attorney General. (wxc)
October 10, 2022 Opinion or Order Filing 7 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc)
October 10, 2022 Opinion or Order Deadline Modification: Deadline set Status Report due by 10/17/2022 Per Order 6 . (wxc)
October 10, 2022 Opinion or Order Filing 6 ORDER...The Court hereby ORDERS Plaintiffs to serve process upon Defendants without delay. The Court further ORDERS Plaintiffs to attempt to meet, confer, and file a status report providing a proposed briefing schedule to address Plaintiffs Motion for Injunction. This status report is due no later than October 17, 2022, at 5:00 p.m. (Ordered by Judge Reed C. O'Connor on 10/10/2022) (chmb) Modified to add text on 10/11/2022 (wxc).
October 10, 2022 Opinion or Order Filing 5 Appendix in Support filed by Myra Brown, Alexander Taylor re 3 MOTION for Injunction (Hasson, James)
October 10, 2022 Opinion or Order Filing 4 Brief/Memorandum in Support filed by Myra Brown, Alexander Taylor re 3 MOTION for Injunction (Hasson, James)
October 10, 2022 Opinion or Order Filing 3 MOTION for Injunction filed by Myra Brown, Alexander Taylor (Attachments: # 1 Proposed Order) (Hasson, James)
October 10, 2022 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Myra Brown, Alexander Taylor. (Clerk QC note: No affiliate entered in ECF). (Hasson, James)
October 10, 2022 Opinion or Order Filing 1 COMPLAINT against Miguel Cardona, U.S. Department of Education filed by Alexander Taylor, Myra Brown. (Filing fee $402; Receipt number ATXNDC-13212434) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Hasson, James)

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Plaintiff: Myra Brown
Represented By: James Francis Hasson
Represented By: Steven Christopher Begakis
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Plaintiff: Alexander Taylor
Represented By: James Francis Hasson
Represented By: Steven Christopher Begakis
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Defendant: U.S. Department of Education
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Defendant: Miguel Cardona
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