Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education

7th Cir. · 2016 · CourtListener

Cite as Whitaker ex rel. Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017)

Circuit7th Cir.Schools & education Bathrooms & facilitiesProcedural no direction

Also filed as: Kenosha Unified School District No. 1 Board of Education v. Whitaker

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Docket

No. 16-8019

Date filed: 2016-09-23
Last filing: 2016-11-14
Terminated: 2016-11-14

Proceedings

No. 4538049 · Docket on CourtListener

38 documents

Whitaker v. Kenosha Unified Sch. Dist. No 1 Bd. of Educ., No. 2:16-cv-00943 (E.D. Wis. filed July 19, 2016)

7th Cir. · No. 16-8019 · Docket on CourtListener

1 document

Kenosha Unified Sch. Distri v. Whitaker, No. 16-8019 (7th Cir. filed Sept. 23, 2016)

Opinion: 7th Cir. · On CourtListener

The court's opinion, in full text on this site

Whitaker ex rel. Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017)

Opinion: 7th Cir. · On CourtListener

The court's opinion, in full text on this site

Kenosha Unified Sch. Dist. No. 1 Bd. of Educ. v. Whitaker, 841 F.3d 730 (7th Cir. 2016)

Timeline

2016-09-23 Filed: 7th Cir., No. 16-8019
2016-11-14 Closed: 7th Cir., No. 16-8019

Filings on file (41 in 19 docket entries)

Filings on file
Date	No.	Document	Type	Pages	Source
2016-07-19	1	COMPLAINT against All Defendants by A. W., M. W.. ( Filing Fee PAID $400 receipt number 0757-2383987) (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Wardenski, Joseph)	Complaint	36	PDF CL
2016-08-15	9	INCORRECT DOCUMENT ATTACHED. SEE 12 AMENDED COMPLAINT by Plaintiff ASHTON WHITAKER, a minor, by his mother and next friend, MELISSA WHITAKER, against Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis filed by A W.(Wardenski, Joseph) Modified on 8/16/2016 (amb).	Amended Complaint	36	PDF CL
2016-08-15	10	MOTION for Preliminary Injunction by A W. (Attachments: # 1 Exhibit 1 - Declaration of Ashton Whitaker, # 2 Exhibit 2 - Declaration of Dr. Stephanie L. Budge, Ph.D., # 3 Exhibit 3 - Declaration of Dr. R. Nicholas Gorton, M.D., amended exhibit 4 filed at 13 #(4) Exhibit 4 - Declaration of Melissa Whitaker, # 5 Exhibit 5 - Declaration of Jenifer McGuire, Ph.D., # 6 Exhibit 6 - U.S. Dep't of Educ. & U.S. Dep't of Justice, Dear Colleague Letter on Transgender Students (May 13, 2016), # 7 Exhibit 7 - Declaration of Tim Kenney, # 8 Exhibit 8 - Declaration of Bryan Davis, Ph.D., # 9 Exhibit 9 - Declaration of Judy Chiasson, Ph.D., # 10 Exhibit 10 - U.S. Dep't of Educ., Example of Policies & Emerging Practices for Supporting Transgender Students (May 2016))(Wardenski, Joseph) Modified on 8/16/2016 (amb).	Motion for Preliminary Injunction	3	PDF CL

	10-1	Exhibit 1 - Declaration of Ashton Whitaker		13
	10-2	Exhibit 2 - Declaration of Dr. Stephanie L. Budge, Ph.D.		48	PDF CL
	10-3	Exhibit 3 - Declaration of Dr. R. Nicholas Gorton, M.D.		18	PDF CL
	10-4	Exhibit 4 - Declaration of Melissa Whitaker		12	PDF CL
	10-5	Exhibit 5 - Declaration of Jenifer McGuire, Ph.D.		34	PDF CL
	10-6	Exhibit 6 - U.S. Dep't of Educ. & U.S. Dep't of Justice, Dear Colleagu	Exhibit 6 - U.S. Dep't of Educ. & U.S. Dep't of Justice, Dea	10	PDF CL
	10-7	Exhibit 7 - Declaration of Tim Kenney		4	PDF CL
	10-8	Exhibit 8 - Declaration of Bryan Davis, Ph.D.		5	PDF CL
	10-9	Exhibit 9 - Declaration of Judy Chiasson, Ph.D.		33	PDF CL
	10-10	Exhibit 10 - U.S. Dep't of Educ., Example of Policies & Emerging Practices	Exhibit 10 - U.S. Dep't of Educ., Example of Policies & Emer	26	PDF CL
2016-08-15	11	BRIEF in Support filed by A W re 10 MOTION for Preliminary Injunction . (Wardenski, Joseph)	Brief in Support of Motion	38	PDF CL
2016-08-16	15	BRIEF in Support filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis re 14 MOTION to Dismiss the Amended Complaint . (Stadler, Ronald)	Brief in Support of Motion	26	PDF CL
2016-08-26	17	BRIEF in Opposition filed by Kenosha Unified School District No 1 Board of Education, Sue Savaglio-Jarvis re 10 MOTION for Preliminary Injunction . (Stadler, Ronald)	Brief in Opposition to Motion	30	PDF CL
2016-08-26	19	BRIEF in Opposition filed by Ashton Whitaker re 14 MOTION to Dismiss the Amended Complaint . (Attachments: # 1 Exhibit A - Mem. Op., Carcano v. McCrory (M.D.N.C. Aug. 26, 2016))(Wardenski, Joseph)	Brief in Opposition to Motion	28	PDF CL

	19-1	Exhibit A - Mem. Op., Carcano v. McCrory (M.D.N.C. Aug. 26, 2016)	Exhibit A - Mem. Op., Carcano v. McCrory (M.D.N.C. Aug. 26,	84	PDF CL
2016-08-31	21	REPLY BRIEF in Support filed by Ashton Whitaker re 10 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A - Carcano v. McCrory (E.D.N.C. Aug. 26, 2016), # 2 Exhibit B - Kastl v. Maricopy Cty. Cmty. Coll. Dist. (D. Ariz. 2004), # 3 Exhibit C - Shorewood School District Nondiscrimination Guidelines, # 4 Exhibit D - Monona Grove School District Nondiscrimination Guidelines, # 5 Exhibit E - Middleton-Cross Plains Area School District Nondiscrimination Guidelines, # 6 Exhibit F - Menasha Joint School District Nondiscrimination Policy, # 7 Exhibit G - KUSD Registration Information, # 8 Exhibit H - KUSD Student Enrollment Form, # 9 Exhibit I - U.S. Dep't of Justice & U.S. Dep't of Educ., Dear Colleague Letter on Student Enrollment Procedures)(Wardenski, Joseph)	Reply Brief in Support of Motion	20	PDF CL

	21-1	Exhibit A - Carcano v. McCrory (E.D.N.C. Aug. 26, 2016)		29	PDF CL
	21-2	Exhibit B - Kastl v. Maricopy Cty. Cmty. Coll. Dist. (D. Ariz. 2004)	Exhibit B - Kastl v. Maricopy Cty. Cmty. Coll. Dist. (D. Ari	11	PDF CL
	21-3	Exhibit C - Shorewood School District Nondiscrimination Guidelines	Exhibit C - Shorewood School District Nondiscrimination Guid	6	PDF CL
	21-4	Exhibit D - Monona Grove School District Nondiscrimination Guidelines	Exhibit D - Monona Grove School District Nondiscrimination G	4	PDF CL
	21-5	Exhibit E - Middleton-Cross Plains Area School District Nondiscrimination Guidel	Exhibit E - Middleton-Cross Plains Area School District Nond	6	PDF CL
	21-6	Exhibit F - Menasha Joint School District Nondiscrimination Policy	Exhibit F - Menasha Joint School District Nondiscrimination	7	PDF CL
	21-7	Exhibit G - KUSD Registration Information		3	PDF CL
	21-8	Exhibit H - KUSD Student Enrollment Form		5	PDF CL
	21-9	Exhibit I - U.S. Dep't of Justice & U.S. Dep't of Educ., Dear Colleagu	Exhibit I - U.S. Dep't of Justice & U.S. Dep't of Educ., Dea	5	PDF CL
2016-08-31	22	REPLY BRIEF in Support filed by All Defendants re 14 MOTION to Dismiss the Amended Complaint . (Attachments: # 1 Exhibit unpublished cases)(Stadler, Ronald)	Reply Brief in Support of Motion	17	PDF CL

	22-1	Exhibit unpublished cases		90	PDF CL
2016-09-22	33	DECISION AND ORDER signed by Judge Pamela Pepper on 9/22/2016 GRANTING IN PART 10 Plaintiff's Motion for Preliminary Injunction. The court ORDERS that defendants are ENJOINED from (1) denying plaintiff access to the boys' restrooms; (2) enforcing any policy, written or unwritten, against the plaintiff that would prevent him from using the boys' restroom during any time he is on the school premises or attending school-sponsored events; (3) disciplining plaintiff for using the bo ys' restroom during any time that he is on the school premises or attending school-sponsored events; and (4) monitoring or surveilling in any way plaintiff's restroom use. The court DENIES the defendants' request that the court require the plaintiff to post a bond under Rule 65(c). (cc: all counsel) (pwm)	Order on Motion for Preliminary Injunction	18	PDF CL
2016-09-25	36	ORDER signed by Judge Pamela Pepper on 9/24/2016 GRANTING 30 Plaintiffs' Civil L.R. 7(h) expedited non-dispositive motion to reconsider certification for interlocutory appeal of order denying motion to dismiss and vacating certification. (cc: all counsel) (pwm)	Order on Motion for Reconsideration	10	PDF CL
2016-10-03	46	ORDER signed by Judge Pamela Pepper on 10/3/2016 DENYING 44 Rule 7(h) Motion to Stay Preliminary Injunction (Dkt. No. 33) Pending Appeal. (cc: all counsel) (pwm)	Order on Motion to Stay	5	PDF CL
2016-10-04	48	MOTION to set Rule 16 scheduling conference by Ashton Whitaker. (Wardenski, Joseph)	Motion for Miscellaneous Relief	2	PDF CL
2017-09-15	79	REPLY BRIEF in Support filed by Ashton Whitaker re 75 MOTION to Compel Discovery Responses . (Wardenski, Joseph)	Reply Brief in Support of Motion	13	PDF CL
2018-01-22	91	Joint MOTION to Approve Proposed Consent Judgment and Notice of Settlement by Ashton Whitaker. (Attachments: # 1 Proposed Consent Judgment)(Wardenski, Joseph)	Motion for Miscellaneous Relief	2	PDF CL

	91-1	Proposed Consent Judgment		6	PDF CL
2018-01-23	92	ORDER signed by Judge Pamela Pepper on 1/23/2018. 91 Joint motion to approve consent judgment GRANTED. 75 Plaintiff's motion to compel DENIED as moot. 84 Defendant's motion for judgment on the pleadings DENIED as moot. All pending deadlines VACATED. Clerk's office to close case administratively. (cc: all counsel) (cb)	Order on Motion to Compel	2	PDF CL
	17	FINAL JUDGMENT		1	PDF CL
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