Texas A&M Queer Empowerment Council v. Mahomes et al
| Texas A&M Queer Empowerment Council |
| William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, Sam Torn, Cage Sawyers, John Sharp and Mark A Welsh, III |
| 4:2025cv00992 |
| March 5, 2025 |
| U.S. District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 27, 2025. A more recent docket listing may be available from PACER.
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Filing 46
ORDER STAYING CASE granting #44 terminating #27 , #35 . This case is stayed pending the Fifth Circuit's ruling or other order disposing of the case mentioned. Within 30 days of the ruling, the parties must jointly report the status. Case terminated on 5/27/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 45
NOTICE of Withdrawal of Motion to Stay Preliminary Injunction re: #27 Opposed MOTION to Stay PENDING APPEAL by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Johnson, Wade)
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Filing 44
Unopposed MOTION to Stay by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 6/17/2025. (Attachments: #1 Proposed Order Granting Motion to Stay) (Johnson, Wade)
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Filing 43
REPLY in Support of #35 Opposed MOTION to Stay Proceedings, filed by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. (Johnson, Wade)
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Filing 42
NOTICE of Appearance by Wade A. Johnson on behalf of Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Johnson, Wade)
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Filing 41
RESPONSE in Opposition to #35 Opposed MOTION to Stay Proceedings, filed by Texas A&M Queer Empowerment Council. (Morris, Jt)
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Filing 40
ANSWER to #1 Complaint by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Berg, Zachary)
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Filing 39
NOTICE of Resetting. Parties notified. Initial Conference reset for 5/29/2025 at 02:00 PM by video before Judge Lee H Rosenthal, filed. ***The Zoom information can be located on Judge Rosenthal's home page, at the bottom of the page, in the Interactive calendar link. (gmh4)
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Filing 38
ORDER. Plaintiff must respond to defendants' motion for stay by 5/15/2025. Defendants' reply is due 5/22/2025. The initial conference is reset to 5/29/2025 at 02:00 PM by video before Judge Lee H Rosenthal. The court will hear argument on both motions to stay at that hearing. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 37
REPLY in Support of #27 Opposed MOTION to Stay PENDING APPEAL, filed by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. (Csoros, Mark)
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Electronic Access to Record on Appeal Provided re: #26 Notice of Appeal, to Jacob C. Beach. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20108), filed. (dlr1)
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Filing 36
REPORT of Rule 26(f) Planning Meeting by Texas A&M Queer Empowerment Council, filed. (Attachments: #1 Proposed Order Proposed Scheduling and Docket Control Order) (Morris, Jt)
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Filing 35
Opposed MOTION to Stay Proceedings by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 5/15/2025. (Attachments: #1 Proposed Order) (Berg, Zachary)
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Electronic Access to Record on Appeal Provided re: #26 Notice of Appeal, to Zachary Berg; JT Morris; Adam Steinbaugh & Jeffrey Zeman. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20108), filed. (dlr1)
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Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #26 Notice of Appeal, USCA No. 25-20108, filed. (dlr1)
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Filing 34
RESPONSE in Opposition to #27 Opposed MOTION to Stay PENDING APPEAL, filed by Texas A&M Queer Empowerment Council. (Morris, Jt)
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Filing 33
CORPORATE DISCLOSURE STATEMENT by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Berg, Zachary)
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Filing 32
DKT13 TRANSCRIPT ORDER REQUEST by Zachary Berg. Transcript is already on file in Clerks office regarding Motion Hearing on 3/18/2025 before Judge Rosenthal. (A transcript is requested). Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: #30 Transcript, #26 Notice of Appeal, Motion Hearing,, filed. (Berg, Zachary)
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Filing 31
Notice of Filing of Official Transcript re: #30 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, )
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Filing 30
TRANSCRIPT re: Motion hearing proceedings held on 3/18/2025 before Judge Lee H Rosenthal. Court Reporter/Transcriber Lanie Smith. Release of Transcript Restriction set for 7/9/2025., filed. (LanieSmith, 4)
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Filing 29
AO 435 TRANSCRIPT REQUEST by Texas A&M Queer Empowerment Council/Adam Steinbaugh for Transcript of MOTION CONFERENCE on 3/18/2025 before Judge Lee H Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Lanie Smith, filed. (Steinbaugh, Adam)
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Notice of Assignment of USCA No. 25-20108 re: #26 Notice of Appeal,, filed. (jrl1)
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Filing 28
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #26 Notice of Appeal,. Fee status: Paid, filed. (Attachments: #1 NOA) (dar1)
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Appeal Review Notes re: #26 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Number of DKT-13 Forms expected: 1, filed. (dar1) Modified on 4/1/2025 (dar1).
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Filing 27
Opposed MOTION to Stay PENDING APPEAL by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 4/18/2025. (Berg, Zachary)
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Filing 26
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #24 Memorandum and Opinion, #25 Preliminary Injunction by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III (Filing fee $ 605, receipt number ATXSDC-33156028), filed. (Berg, Zachary)
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Filing 25
PRELIMINARY INJUNCTION. This preliminary injunction is effective immediately and remains in effect until further order of this court. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 24
MEMORANDUM AND OPINION. For the reasons stated, the court grants the motion for a preliminary injunction #3 . The Board is enjoined from enforcing the ban. The Draggieland performance scheduled for 3/27/2025, in the Rudder Theatre, may proceed as originally scheduled. The court separately enters an order of injunction under Rule 65(c). No bond is required. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 23
NOTICE of Errata re: #3 MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. (Steinbaugh, Adam)
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Minute Entry for MOTION CONFERENCE held before Judge Lee H Rosenthal on 3/18/2025. The court heard argument on the plaintiff's motion for a temporary restraining order and for a preliminary injunction, as discussed in detail on the record. The court will separately enter a memorandum and opinion resolving the pending motion. Appearances: Adam Steinbaugh, JT Morris, Zachary Berg, Mark Csoros. (Court Reporter: L. Smith) (gmh4)
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Filing 22
REPLY in Support of #3 MOTION for Temporary Restraining Order, filed by Texas A&M Queer Empowerment Council. (Attachments: #1 Affidavit Declaration of Alexsandria "Alex" Gonce) (Morris, Jt)
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Filing 21
Other EXHIBITS re: #20 Response to Motion, by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M) (Berg, Zachary)
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Filing 20
RESPONSE to #3 MOTION for Temporary Restraining Order filed by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank. (Berg, Zachary)
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Filing 19
ORDER Setting Expedited Briefing Schedule granting #17 . Responses due by 3/13/2025. Replies due by 3/17/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 18
Summons Issued as to Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. Issued summons delivered to plaintiff by NEF, filed. (mew4)
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Summons Not Issued as to William Mahomes due to these deficiencies: Style do not match case. Attorney or Plaintiff notified of deficiencies by NEF, filed. (mew4)
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Filing 17
Joint MOTION to Expedite Briefing Schedule on Motion for TRO/Preliminary Injunction by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Attachments: #1 Proposed Order) (Morris, Jt)
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Filing 16
NOTICE of Setting. Parties notified. Motion Hearing set for 3/18/2025 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (gmh4)
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Filing 15
ORDER granting #12 Motion for Jeffrey D. Zenman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 14
ORDER granting #5 Motion for Adam B. Steinbaugh to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4)
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Filing 13
CORPORATE DISCLOSURE STATEMENT by Texas A&M Queer Empowerment Council, filed. (Morris, Jt)
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Filing 12
MOTION to Appear Pro Hac Vice for Jeffrey D. Zeman (Fee Paid: $100, receipt number BTXSDC-33046981) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Zeman, Jeffrey)
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Filing 11
WAIVER OF SERVICE Returned Executed as to All Defendants, filed. (Morris, Jt)
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Filing 10
NOTICE of Appearance by Ryan G. Kercher on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Kercher, Ryan)
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Filing 9
NOTICE of Appearance by Mark A. Csoros on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Csoros, Mark)
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Filing 8
NOTICE of Appearance by Zachary Berg on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Berg, Zachary)
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Filing 7
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 5/8/2025 at 02:40 PM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified. (hlc4)
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Filing 6
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4)
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Filing 5
MOTION to Appear Pro Hac Vice for Adam Steinbaugh (Fee Paid: $100, receipt number ATXSDC-33032252) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/27/2025. (Steinbaugh, Adam)
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Filing 4
NOTICE of Appearance by JT Morris on behalf of Texas A&M Queer Empowerment Council, filed. (Morris, Jt)
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Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4)
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Filing 3
MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/26/2025. (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Unredacted attachment) (Morris, Jt)
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Filing 2
Request for Issuance of Summons as to All Defendants, filed. (Morris, Jt)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-33021503) filed by Texas A&M Queer Empowerment Council. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet) (Morris, Jt)
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