Book People, Inc. et al v. Wong et al
| Book People, Inc., VBK, Inc. d/b/a Blue Willow Bookshop, American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Comic Book Legal Defense Fund and VBK, Inc. doing business as Blue Willow Bookshop |
| Martha Wong, Kevin Ellis, Mike Morath and Educational Book & Media Association |
| Amici Association of University Presses, Barnes & Noble Booksellers, Inc., Freedom to Read Foundation, Freedom to Learn Advocates, American Association of School Librarians, Association of University Presses and Barnes & Noble, Inc. |
| 1:2023cv00858 |
| July 25, 2023 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 Response in Opposition to Motion, filed by Kevin Ellis, Mike Morath, Martha Wong, re #49 MOTION Letter Requesting Clarified Order re #43 Order,,,, Terminate Motions,,, filed by Plaintiff American Booksellers Association, Plaintiff Association of American Publishers, Plaintiff Book People, Inc., Plaintiff Authors Guild, Inc., Plaintiff Comic Book Legal Defense Fund, Plaintiff VBK, Inc. (Cella, Christina) |
| Filing 51 ATTACHMENT Proposed Order to #49 MOTION Letter Requesting Clarified Order re #43 Order, by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Robb, Catherine) |
| Filing 50 DEFICIENCY NOTICE: re #49 MOTION Letter Requesting Clarified Order re #43 Order(cc3) Modified docket text entry on 9/22/2023 (pg). |
| Filing 49 MOTION Letter Requesting Clarified Order re #43 Order (Prather, Laura) Modified docket text on 9/22/2023 (pg). |
| Filing 48 TRANSCRIPT REQUEST by Kevin Ellis, Mike Morath, Martha Wong for dates of 9/11 and 9/19/23. Proceedings Transcribed: Motion Hearing & Status Conf. Court Reporter: Kristie Davis.. (Cella, Christina) |
| Filing 47 TRANSCRIPT REQUEST by Kevin Ellis, Mike Morath, Martha Wong for dates of 8/18, 8/28 and 8/31/23. Proceedings Transcribed: Motions Hearings & Status Conf. Court Reporter: Lily Reznik.. (Cella, Christina) |
| Filing 46 Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held by Zoom on 9/19/2023 (Minute entry documents are not available electronically.) Written Order Forthcoming. (Court Reporter Kristie Davis.)(pg) |
Filing 45
ORDER RESETTING Zoom Status Conference for 9/19/2023 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| NOTICE OF INTERLOCUTORY APPEAL as to #43 Order. Filing fee $ 505, receipt number ATXWDC-17895103. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (pg) |
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Filing 44
Appeal of Order entered by District Judge #43 by Kevin Ellis, Mike Morath, Martha Wong. ( Filing fee $ 505 receipt number ATXWDC-17895103) (Cella, Christina)
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Filing 43
ORDER, Therefore, the Court ORDERS that Defendants' Motion to Dismiss Pursuant to Federal Rules of 59 Civil Procedure 12(b)(1) and 12(b)(6) (ECF No. #19 ) is DENIED. Plaintiffs' Motion for Preliminary Injunction (ECF No. #6 ) is GRANTED. IT IS FURTHER ORDERED that the chair of the Texas State Library Martha Wong,chair of the Texas Board of Education Keven Ellis, and Commissioner of Education Mike Morath and all of their officers, agents, employees, attorneys, and other persons in active concert with them ('Defendants') are ENJOINED from applying, enforcing, or attempting to enforce, either criminally or civilly, 35.001, 35.002, 35.0021, and 35.003 of HB 900, the Restricting Explicitand Adult-Designated Educational Resources (READER) Act.. Signed by Judge Alan D Albright. (pg)
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Filing 42
ORDER Setting Zoom Status Conference for 9/19/2023 04:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| Filing 41 Response in Opposition to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re #37 MOTION to Stay Proceedings Pending Appeal filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Prather, Laura) |
| Filing 40 Transcript filed of Proceedings held on 9-11-23, Proceedings Transcribed: Motions Hearing. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 12546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/4/2023, Redacted Transcript Deadline set for 10/16/2023, Release of Transcript Restriction set for 12/12/2023, (kd) |
| Filing 39 Minute Entry for proceedings held before Judge Alan D Albright: Zoom Motions Hearing held on 9/11/2023. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(pg) |
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Filing 38
ORDER Setting Zoom Motion Hearing for 9/11/2023 03:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2)
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| Filing 37 MOTION to Stay Proceedings Pending Appeal by Kevin Ellis, Mike Morath, Martha Wong. (Pletscher, Amy) |
| Filing 36 Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held on 8/31/2023. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(pg) |
| Filing 35 AMICUS BRIEF IN SUPPORT OF PLAINTIFF'S #6 MOTION for Preliminary Injunction, by Educational Book & Media Association. (pg) |
| Filing 34 Unopposed MOTION for Leave to File Amicus Brief by Peter D. Kennedy. by Educational Book & Media Association. (Attachments: #1 Brief, #2 Proposed Order)(Kennedy, Peter) |
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Filing 33
ORDER Setting Zoom Status Conference for 8/31/2023 11:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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Text Order GRANTING #34 Motion for Leave to File Amicus Brief. Pending before the Court is the Motion to File Educational Book & Media Association's Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction. Considering the motion, the pleadings on file, and argument of counsel, the Court concludes that the motion is hereby, GRANTED. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)
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| Filing 32 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 8/28/2023 re #6 MOTION for Preliminary Injunction filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc., #19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Martha Wong, Mike Morath, Kevin Ellis, #5 MOTION Challenge to Constitutionality of a State Statute re #1 Complaint, filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc. WRITTEN ORDER FORTHCOMING. (Minute entry documents are not available electronically). (Court Reporter Lily Reznik.)(pg) |
| Filing 31 RESPONSE in Support, filed by Kevin Ellis, Mike Morath, Martha Wong, re #19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Cella, Christina) |
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Text Order GRANTING #29 Motion for Leave to File Excess Pages. On this day, the Court considered Plaintiffs Book People, Inc., VBK, Inc. d/b/a Blue Willow Bookshop, American Booksellers Association, Association of American Publishers, Authors Guild, Inc., and Comic Book Legal Defense Fund"s ("Plaintiffs") Unopposed Motion for Leave to File Response in Opposition to Defendants Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) in Excess of 20 Pages ("Motion for Leave"). After consideration of the Motion for Leave, the Court finds that the Motion for Leave should be GRANTED. IT IS ORDERED that Plaintiffs may file their Response in Opposition to Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) in excess of 20 pages. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)
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| Filing 30 Response in Opposition to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re #19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Attachments: #1 Exhibit A - Hearing Transcript)(Prather, Laura) |
| Filing 29 Unopposed MOTION for Leave to Exceed Page Limitation of Response in Opposition to MTD by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Attachments: #1 Brief Plaintiffs' Response in Opposition to MTD, #2 Exhibit Ex. A - Hearing Transcript, #3 Proposed Order Proposed Order Granting Motion for Leave)(Prather, Laura) |
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Filing 28
ORDER Setting Motion Hearing for 8/28/2023 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| Filing 27 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 8/18/2023 re #6 MOTION for Preliminary Injunction filed by American Booksellers Association, Association of American Publishers, Book People, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, VBK, Inc. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(pg) |
| Filing 26 AMICUS' BRIEF regarding #19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation. (pg) |
| Filing 25 REPLY to Response to Motion, filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc., re #19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendant Martha Wong, Defendant Mike Morath, Defendant Kevin Ellis (Attachments: #1 Exhibit A, #2 Exhibit B)(Prather, Laura) |
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Filing 24
ORDER GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Celyra I. Myers for American Association of School Librarians,Celyra I. Myers for Amici Association of University Presses,Celyra I. Myers for Barnes & Noble Booksellers, Inc.,Celyra I. Myers for Freedom to Learn Advocates,Celyra I. Myers for Freedom to Read Foundation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (pg)
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Filing 23
ORDER GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Linda J. Steinman for American Association of School Librarians,Linda J. Steinman for Amici Association of University Presses,Linda J. Steinman for Barnes & Noble Booksellers, Inc.,Linda J. Steinman for Freedom to Learn Advocates,Linda J. Steinman for Freedom to Read Foundation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Alan D Albright. (pg)
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| Filing 22 Unopposed MOTION for Leave to File Amicus Brief by Everett W. Jack, Jr.. by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation. (Attachments: #1 Exhibit 1 - Proposed Amici Brief)(Jack, Everett) |
| Filing 21 RULE 7 DISCLOSURE STATEMENT filed by American Association of School Librarians, Association of University Presses, Barnes & Noble, Inc., Freedom to Learn Advocates, Freedom to Read Foundation identifying Corporate Parent Elliott Advisors (UK) Limited for Barnes & Noble, Inc.; Other Affiliate American Library Association for American Association of School Librarians. (Jack, Everett) |
| Filing 20 NOTICE of Attorney Appearance by Everett William Jack, Jr on behalf of American Association of School Librarians, Freedom to Learn Advocates, Freedom to Read Foundation, Association of University Presses, Barnes & Noble, Inc.. Attorney Everett William Jack, Jr added to party American Association of School Librarians(pty:am), Attorney Everett William Jack, Jr added to party Freedom to Learn Advocates(pty:am), Attorney Everett William Jack, Jr added to party Freedom to Read Foundation(pty:am), Attorney Everett William Jack, Jr added to party Association of University Presses(pty:am), Attorney Everett William Jack, Jr added to party Barnes & Noble, Inc.(pty:am) (Jack, Everett) |
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Text Order GRANTING #22 Motion for Leave to File Amicus Brief. After considering the Motion for Leave to File Amicus Brief, and noting that it is unopposed, it is hereby ORDERED that the Motion is GRANTED. The Court's Clerk is directed to file the proposed Amici Brief (Exhibit 1) on the docket. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)
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Text Order GRANTING #18 Motion for Leave to File Excess Pages. After considering Defendants' Motion for Leave to File Excess Pages and finding that good cause has been shown, it is ORDERED that the Motion is GRANTED. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)
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| Filing 19 MOTION to Dismiss and Response in Opposition to Plaintiffs Motion for Preliminary Injunction by Kevin Ellis, Mike Morath, Martha Wong. (Cella, Christina) |
| Filing 18 Opposed MOTION for Leave to Exceed Page Limitation for Defs MTD and Resp in Opposition to Preliminary Injunction by Kevin Ellis, Mike Morath, Martha Wong. (Attachments: #1 Attachment)(Cella, Christina) |
| Filing 17 MOTION to Appear Pro Hac Vice by Everett William Jack, Jr on behalf of Celyra I. Myers ( Filing fee $ 100 receipt number ATXWDC-17776558) by on behalf of American Association of School Librarians, Amici Association of University Presses, Barnes & Noble Booksellers, Inc. Freedom to Learn Advocates, Freedom to Read Foundation. (Jack, Everett) Modified on 8/16/2023 To edit text (bc). |
| Filing 16 MOTION to Appear Pro Hac Vice by Everett William Jack, Jr On behalf of Linda J. Steinman ( Filing fee $ 100 receipt number ATXWDC-17776195) by on behalf of Amici Association of University Presses, Barnes & Noble Booksellers, Inc., Freedom to Read Foundation, Freedom to Learn Advocates, American Association of School Librarians. (Jack, Everett) Modified on 8/16/2023 To edit text (bc). |
| Filing 15 SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Martha Wong served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) |
| Filing 14 SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Mike Morath served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) |
| Filing 13 SUMMONS Returned Executed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc., Association of American Publishers, Book People, Inc., Authors Guild, Inc.. Kevin Ellis served on 7/28/2023, answer due 8/18/2023. (Prather, Laura) |
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Filing 12
ORDER Setting Hearing on #6 MOTION for Preliminary Injunction : Motion Hearing set for 8/18/2023 09:00 AM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright. (pg)
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| Filing 11 RULE 7 DISCLOSURE STATEMENT filed by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc.. (Prather, Laura) |
| Filing 10 Summons Issued as to Martha Wong. (cr5) |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (pg)
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| Filing 8 Summons Issued as to Mike Morath. (cr5) |
| Filing 7 Summons Issued as to Kevin Ellis. (cr5) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5) |
| Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5) |
| Filing 6 MOTION for Preliminary Injunction by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Prather, Laura) |
| Filing 5 MOTION - Challenge to Constitutionality of a State Statute re #1 Complaint, by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. (Prather, Laura) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Martha Wong (Prather, Laura) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Mike Morath (Prather, Laura) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by American Booksellers Association, Association of American Publishers, Authors Guild, Inc., Book People, Inc., Comic Book Legal Defense Fund, VBK, Inc. d/b/a Blue Willow Bookshop. - Kevin Ellis (Prather, Laura) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number BTXWDC-17694553), filed by Comic Book Legal Defense Fund, American Booksellers Association, VBK, Inc. d/b/a Blue Willow Bookshop, Association of American Publishers, Book People, Inc., Authors Guild, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Prather, Laura) |
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