Bayaan Academy, Inc. et al v. Hancock et al
| Bayaan Academy, Inc., Islamic services foundation, The Eagle Institute, Layla Daoudi, Muna Hamadah, Farhana Querishi and Zubair Ulhaq |
| Kelly Hancock, The Office of the Texas Comptroller of Public Accounts, Mary Katherine Stout, Ken Paxton and Mike Morath |
| 4:2026cv01960 |
| March 11, 2026 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2026. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Resetting. Parties notified. Injunction Hearing set for 7/10/2026 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 42 CLERKS NOTICE OF CANCELLATION Discovery hearing set for May 8, 2026 at 1:30 PM is CANCELED. Parties notified, filed. (lre4) |
| Filing 41 CERTIFICATE OF INTERESTED PARTIES by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. (Roossien, Dennis) |
| Filing 40 ANSWER to #21 Amended Complaint/Counterclaim/Crossclaim etc., #1 Complaint,, ANSWER to #21 Amended Complaint/Counterclaim/Crossclaim etc., #1 Complaint, by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. (Roossien, Dennis) |
Filing 39
SCHEDULING ORDERPlaintiff's Brief due by 5/15/2026, Defendant's Response Brief due 5/22/26, Discovery Hearing set for 5/8/2026 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett Injunction Hearing set for 6/12/2026 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett (Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 38 Notice of Filing of Official Transcript re: #37 Transcript,. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 37 TRANSCRIPT re: Motion Hearing held on 4/10/26 before Judge Alfred H Bennett. Court Reporter/Transcriber Angela Hailey. Ordering Party Defense counsel, Randall W. Miller Release of Transcript Restriction set for 7/17/2026., filed. (Hailey, Angela) |
| Filing 36 AO 435 TRANSCRIPT REQUEST by CPA Defendants for Transcript of Motion Hearing on 4/10/16 before Judge Bennett. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Angela Hailey, filed. (Miller, Randall) |
| Minute Entry for proceedings held before Judge Alfred H Bennett. MOTION HEARING held on 4/10/2026. re: Doc. #28 Plaintiffs Motion to Compel Discovery Responses. The Court took up matters as stated on the record. Specifically, the Court ordered the parties to meet and confer regarding discovery disputes. In the meantime, the Court will conduct in camera review of Defendants privilege logs regarding discovery documents. The injunction hearing currently scheduled for April 24, 2026 will be rescheduled for some time in late May 2026. Appearances: Eric Alan Hudson. Ayesha Najam. Maha Ghyas. Michael Adams-Hurta. Murtaza Fakhruddin. Dennis L. Roosien, Jr. Randall Wilson Miller. Appearances: (Court Reporter: A. Hailey), filed. (bkt4) |
| Filing 35 REPLY in Support of #28 Opposed MOTION to Compel Discovery responses, filed by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, Zubair Ulhaq. (Attachments: #1 Exhibit, #2 Proposed Order Amended Proposed Order) (Wilson, Cole) |
| Filing 34 RESPONSE to #28 Opposed MOTION to Compel Discovery responses filed by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts. (Attachments: #1 Exhibit A, #2 Exhibit B) (Roossien, Dennis) |
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Filing 33
ORDER OF DISMISSAL granting #32 Stipulation of Dismissal without prejudice as to Mehdi Cherkaoui. (Signed by Judge Alfred H Bennett) Parties notified. (bkt4)
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| Filing 32 STIPULATION of Dismissal by Mehdi Cherkaoui, filed. (Attachments: #1 Proposed Order) (Cherkaoui, Mehdi) |
| Filing 31 NOTICE of Setting as to #28 Opposed MOTION to Compel Discovery responses. Parties notified. Motion Hearing set for 4/10/2026 at 03:30 PM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
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Filing 30
ORDER granting #29 Motion to Substitute Attorney Attorney Ali Michelle Thorburn; Grey Walton Johnston and Zachary Louis Rhines terminated.(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 29 Unopposed MOTION to Substitute Attorney Randall W. Miller and Dennis L. Roossien Jr in place of Zachary Rhines, Ali Thorburn, and Grey Johnston by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. Motion Docket Date 4/27/2026. (Attachments: #1 Proposed Order) (Miller, Randall) |
| Filing 28 Opposed MOTION to Compel Discovery responses by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, Zubair Ulhaq, filed. Motion Docket Date 4/27/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Hudson, Eric) |
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Filing 27
ORDER denying without prejudice #20 Opposed MOTION for Zachary L. Rhines, Ali M. Thorburn, and Grey W. Johnston to Withdraw as Attorney. (Signed by Judge Alfred H Bennett) Parties notified. (mmm4)
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| Minute Entry for proceedings held before Judge Alfred H Bennett. MOTION HEARING held on 4/2/2026 ; Motion-related deadline set re: #20 Opposed MOTION for Zachary L. Rhines, Ali M. Thorburn, and Grey W. Johnston to Withdraw as Attorney. The motion is DENIED without prejudice. Appearances: Bradley Wayne Snead, Maha Ghyas, Murtaza Fakhruddin Sutarwalla, Abdul Rahman Farukhi, Michael R. Davis.(Court Reporter: A. Hailey), filed. (lre4) |
| Filing 26 RESPONSE in Opposition to #20 Opposed MOTION for Zachary L. Rhines, Ali M. Thorburn, and Grey W. Johnston to Withdraw as Attorney, filed by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, Zubair Ulhaq. (Attachments: #1 Exhibit Requests for Production, #2 Exhibit Deposition Notice) (Hudson, Eric) |
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Filing 25
ORDER denying #22 Motion for Temporary Restraining Order. The denial of an extension does not resolve the merits of Plaintiffs' claims. Defendants, and the TEFA program, remain subject to constitutional scrutiny under the First and Fourteenth Amendments. The Court expects the parties to be prepared to address, on a developed factual record, whether Defendants' actions in implementing and administering the TEFA program comport with those constitutional requirements at the upcoming Preliminary Injunction Hearing. (Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 24 NOTICE of Supplemental Evidence in Support of Plaintiffs' Emergency Motion to Extend and Amend Temporary Restraining Order re: #22 Supplemental MOTION for Temporary Restraining Order by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, Zubair Ulhaq, filed. (Attachments: #1 Affidavit) (Wilson, Cole) |
| Filing 23 NOTICE of Setting as to #20 Opposed MOTION for Zachary L. Rhines, Ali M. Thorburn, and Grey W. Johnston to Withdraw as Attorney. Parties notified. Motion Hearing set for 4/2/2026 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 22 Supplemental MOTION for Temporary Restraining Order by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, Zubair Ulhaq, filed. Motion Docket Date 4/20/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order) (Hudson, Eric) |
| Filing 21 First AMENDED COMPLAINT with Jury Demand against Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, Zubair Ulhaq filed by Farhana Querishi, The Eagle Institute, Islamic Services Foundation, Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah. (Hudson, Eric) |
| Filing 20 Opposed MOTION for Zachary L. Rhines, Ali M. Thorburn, and Grey W. Johnston to Withdraw as Attorney by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. Motion Docket Date 4/16/2026. (Attachments: #1 Exhibit, #2 Proposed Order) (Rhines, Zachary) |
| Filing 18 NOTICE of Setting. Parties notified. Injunction Hearing set for 4/24/2026 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
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Filing 19
ORDER TO CONSOLIDATE CASES: Lead Case No. 4:26-cv-01960 and Member Case No. 4:26-cv-01675 (Signed by Judge Alfred H Bennett) Parties notified. (jm4)
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| Minute Entry for proceedings held before Judge Alfred H Bennett. INJUNCTION HEARING held on 3/17/2026. The TRO is granted in part, the TEFA application deadline is extended to March 31, 2026. Defense will provide Plaintiff schools with the necessary means to submit TEFA applications including any required registration access. The public website will be updated to include the new deadline. The Court further orders the consolidation of related case 4:26cv1675, Chrkaou v. Paxton et al and 4:26cv1960 Bayaan Academy, Inc. et al v. Hancock et al. 4:26cv 1960 will serve as the lead case. Appearances: Eric Alan Hudson, Ayesha Najam, Michael Adams-Hurta, Bradley Wayne Snead, Maha Ghyas, Murtaza Fakhruddin Sutarwalla, Omar Khawaja, Abdul Rahman Farukhi, Grey Walton Johnston, Zachary Louis Rhines.(Court Reporter: H. Alcarez), filed. (lre4) Modified on 3/18/2026 (lre4). |
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Filing 17
ORDER granting in part #7 Motion for Temporary Restraining Order. Defendants are hereby ENJOINED from enforcing the March 17, 2026, application deadline for the Texas Education Freedom Accounts ("TEFA") program. The application deadline is hereby EXTENDED to 11 :59 p.m. on March 31, 2026..(Signed by Judge Alfred H Bennett) Parties notified. (lre4)
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| Filing 16 RESPONSE in Opposition to #7 Opposed MOTION for Temporary Restraining Order, filed by Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Rhines, Zachary) |
| Filing 15 NOTICE of Supplemental Evidence and Authority re: #7 Opposed MOTION for Temporary Restraining Order by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, filed. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Proposed Order) (Hudson, Eric) |
| Filing 14 NOTICE of Appearance by Grey W. Johnston on behalf of Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. (Johnston, Grey) |
| Filing 13 NOTICE of Appearance by Ali M. Thorburn on behalf of Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. (Thorburn, Ali) |
| Filing 12 NOTICE of Appearance by Zachary L. Rhines on behalf of Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts, filed. (Rhines, Zachary) |
| Filing 11 NOTICE of Appearance by MARIA AFTAB KARI on behalf of Bayaan Academy, Inc., Layla Daoudi, Farhana Querishi, The Eagle Institute, filed. (Kari, Maria) |
| Filing 10 NOTICE of Setting as to #7 Opposed MOTION for Temporary Restraining Order. Parties notified. Injunction Hearing set for 3/17/2026 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 9 NOTICE of Setting. Parties notified. Miscellaneous Hearing set for 3/13/2026 at 01:45 PM at Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 8 NOTICE of Reassignment to Judge Alfred H Bennett by agreement of the judges. Magistrate Judge referrals, court settings before the Magistrate Judge, and deadlines in scheduling orders remain in effect. Court settings before the former District Judge are canceled. Judge Andrew S Hanen no longer assigned to the case. Parties notified, filed. (jld4) |
| Filing 7 Opposed MOTION for Temporary Restraining Order by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic Services Foundation, Farhana Querishi, The Eagle Institute, filed. Motion Docket Date 4/2/2026. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Exhibit, #11 Affidavit, #12 Proposed Order) (Hudson, Eric) |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/12/2026 at 11:15 AM by video before Magistrate Judge Dena Hanovice Palermo. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (anc4)
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| Filing 5 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (anc4) |
| Filing 4 Summons Issued as to Kelly Hancock, Mary Katherine Stout, The Office of the Texas Comptroller of Public Accounts. Issued summons delivered to plaintiff by NEF, filed. (hl4) |
| 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. (anc4) |
| Filing 3 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Supplement Second Summons, #2 Supplement Third Summons) (Hudson, Eric) |
| Filing 2 NOTICE of Related Case by Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah, Islamic services foundation, Farhana Querishi, The Eagle Institute, filed. (Hudson, Eric) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-35297691) filed by Farhana Querishi, The Eagle Institute, Islamic services foundation, Bayaan Academy, Inc., Layla Daoudi, Muna Hamadah. (Attachments: #1 Civil Cover Sheet) (Hudson, Eric) |
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