Alabama, State of v. Cardona

Court
N.D. Ala.
Docket number
7:24-cv-00533
Filed
Terminated
Last filing
Assigned judge
Annemarie Carney Axon
Nature of suit
899 Administrative Procedure Act / Review or Appeal of Agency Decision
Cause
28:1331 Fed. Question
Jurisdiction
U.S. Government Defendant
Jury demand
None
Case
Alabama, State of v. Cardona
Cite
Alabama v. Cardona, No. 7:24-cv-00533 (N.D. Ala. filed Apr. 29, 2024)
Source
Docket on CourtListener(opens another site)

The 59 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1COMPLAINT against Miguel Cardona, U.S. Department of Education, filed by South Carolina, State of, Independent Women's Network, Parents Defending Education, Independent Women's Law Center, Alabama, State of, Florida, State of, Speech First, Inc, Georgia, State of. (Attachments: # 1 Civil Cover Sheet)(KNS) (Entered: 04/29/2024)Open(opens another site)
2Summons Issued by the clerk as to Miguel Cardona, U.S. Department of Education, USAO, DOJ. Delivered to Plaintiffs for service. (KNS) (Entered: 05/02/2024)Open(opens another site)
3MOTION for Leave to Appear Application for Pro Hac Vice Admission of Cameron T. Norris by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) (Entered: 05/03/2024)Open(opens another site)
4MOTION for Leave to Appear Application for Pro Hac Vice Admission of Thomas L. Vaseolieu by Independent Women's Law Center, Independent Women's Network, Parents Defending Education, Speech First, Inc. (Taylor, Bryan) (Entered: 05/03/2024)Open(opens another site)
5TEXT ORDER: It is ORDERED that the 3 & 4 motions to allow Cameron Thomas Norris and Thomas Samuel Vaseliou to appear pro hac vice on behalf of Plaintiffs Independent Womens Law Center, Independent Womens Network, Parents Defending Education, and Speech First, Inc. are GRANTED. Signed by Magistrate Judge Gray M. Borden on 05/03/2024. (SUH) (Entered: 05/03/2024)Open(opens another site)
6AFFIDAVIT of Service for Summons and Complaint served on All Defendants on May 2, 2024, filed by Alabama, State of. (LaCour, Edmund) (Entered: 05/03/2024)Open(opens another site)
7MOTION for Preliminary Injunction, MOTION to Stay Effective Date by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Purcell Decl., # 3 Affidavit Mackey Decl., # 4 Affidavit Sikes Decl., # 5 Affidavit Brickhouse Decl., # 6 Affidavit Hebda Decl., # 7 Affidavit Burns Decl., # 8 Affidavit Woods Decl., # 9 Affidavit Hardee Decl., # 10 Affidavit Weaver Decl., # 11 Affidavit Mailman Decl., # 12 Affidavit Neily Decl., # 13 Affidavit Trump Decl., # 14 Text of Proposed Order Proposed Order)(Norris, Cameron) (Entered: 05/08/2024)Open(opens another site)
8MOTION for Leave to Appear Pro Hac Vice of James Hamilton Percival, II, by Florida, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)Open(opens another site)
9MOTION for Leave to Appear Pro Hac Vice of Stephen J. Petraney by Georgia, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)Open(opens another site)
10TEXT ORDER: The 8 motion to allow James Hamilton Percival to appear pro hac vice on behalf of Plaintiff State of Florida is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD) (Entered: 05/08/2024)Open(opens another site)
11TEXT ORDER: The 9 motion to allow Stephen J. Petrany to appear pro hac vice on behalf of Plaintiff State of Georgia is GRANTED. Signed by Magistrate Judge Gray M. Borden on 5/8/2024. (CMD) (Entered: 05/08/2024)Open(opens another site)
12MOTION for Leave to Appear Pro Hac Vice of Joseph David Spate by South Carolina, State of. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Taylor, Bryan) (Entered: 05/08/2024)Open(opens another site)
13Joint MOTION Set Briefing Schedule and Page Limit for Pending Motion by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 05/09/2024)Open(opens another site)
14TEXT ORDER: Before the court is the 12 motion to allow Joseph David Spate to appear pro hac vice on behalf of Plaintiff State of South Carolina. The motion, which includes the information required under the Local Rules, is CONDITIONALLY GRANTED, subject to payment of the applicable fee on or before May 17, 2024. Upon receipt of the required fee, this conditional grant of pro hac vice status will become final without further court action. Signed by Magistrate Judge Gray M. Borden on 05/10/2024. (SUH) (Entered: 05/10/2024)Open(opens another site)
15AFFIDAVIT in Support re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date Keel Decl. filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) (Entered: 05/11/2024)Open(opens another site)
16ORDER On May 8, 2024, the plaintiffs filed a Motion for Stay of Effective Date or Preliminary Injunction (Doc. 7) challenging the United States Department of Education's recently published rule relating to Title IX of the Education Amendments Act of 1972. Because the rule will take effect on August 1, 2024, the plaintiffs are seeking a stay or preliminarily injunction and have requested an expedited briefing schedule. Doc. 13. At this time, the defendants have not appeared or responded to the complaint.The General Order calls for reassignment to a district judge after the first of three "triggering events" absent unanimous consent. None of these events have occurred in this case, and it does not appear they will occur in the timely manner contemplated in the General Order and necessitated by the nature of the relief requested in the Motion for Stay of Effective Date or Preliminary Injunction. Accordingly, the case is now due to be assigned to a district judge for all further proceedings. The Clerk of Court is DIRECTED to reassign this case to a district judge randomly drawn.. Signed by Magistrate Judge Gray M Borden on 5/13/2024. (KNS) (Entered: 05/13/2024)Open(opens another site)
17NOTICE OF REASSIGNMENT: This case has been randomly reassigned to the Honorable Judge Annemarie Carney Axon. Magistrate Judge Gray M Borden no longer assigned to this case. Please use case number 7:24-cv-533-ACA on all subsequent pleadings. (KNS) (Entered: 05/13/2024)Open(opens another site)
18ORDER. Plaintiffs State of Alabama, State of Florida, State of Georgia, State of South Carolina, Independent Women's Network, Independent Women's Law Center, Parents Defending Education, and Speech First, Inc., have moved for a preliminary injunction. 7 . The parties have jointly moved to set a briefing schedule and page limits for the briefing. 13 . The court GRANTS the motion to set briefing schedule and page limits. Defendants Miguel Cardona and the U.S. Department of Education may file a response to the motion for a preliminary injunction on or before June 5, 2024. Their brief may not exceed fifty pages of 14-point Times New Roman. Plaintiffs may file a reply brief on or before June 19, 2024. Their brief may not exceed twenty-five pages of 14-point Times New Roman. The court SETS oral argument on the motion for preliminary injunction for June 26, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge Annemarie Carney Axon on 5/14/2024. (KAM) (Entered: 05/14/2024)Open(opens another site)
19INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC) (Entered: 05/15/2024)Open(opens another site)
20TEXT ORDER - The court RESETS oral argument on the motion to preliminary injunction for July 1, 2024, at 9:00 a.m. Central Standard Time in Courtroom 6B in the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham. Signed by Judge Annemarie Carney Axon on 5/15/24. (SAC) (Entered: 05/15/2024)Open(opens another site)
21Unopposed MOTION for Leave to File Excess Pages by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/03/2024)Open(opens another site)
22TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. 21 ). Defendants' response brief may not exceed sixty pages of 14-point Times New Roman. Signed by Judge Annemarie Carney Axon on 06/03/2024. (CLD) (Entered: 06/03/2024)Open(opens another site)
23AFFIDAVIT of Service for Summons and Complaint served on US Attorney; Miguel Cardona; USDOE; AG Merrick Garland on 5/6/2024; 5/9/2024; 5/9/2024; 5/10/2024, filed by Alabama, State of. (Attachments: # 1 Supplement Green Cards)(LaCour, Edmund) (Entered: 06/05/2024)Open(opens another site)
24RESPONSE in Opposition re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/05/2024)Open(opens another site)
25Unopposed MOTION for Leave to File Excess Pages by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Text of Proposed Order)(Norris, Cameron) (Entered: 06/07/2024)Open(opens another site)
26TEXT ORDER: The court GRANTS the unopposed motion for an extension of the page limit. (Doc. 25 ). Plaintiffs' reply brief may not exceed thirty pages of 14-point Times New Roman font. Signed by Judge Annemarie Carney Axon on 6/7/2024. (CLC) (Entered: 06/07/2024)Open(opens another site)
27TEXT ORDER: The court ORDERS the parties to submit supplemental briefing that addresses the following question: When an agency engages in rulemaking, can it consider a circuit court decision that is adverse to its proposed rule but nevertheless reject the decision? The briefs may not exceed fifteen pages of 14-point Times New Roman font and are due on or before June 17, 2024. The length and timing of Plaintiffs' reply brief is unchanged. (See docs. 18, 26). Signed by Judge Annemarie Carney Axon on 6/10/2024. (CLC) (Entered: 06/10/2024)Open(opens another site)
28MOTION for Leave to Appear Pro Hac Vice (Lauren E. Van Driesen) by New Jersey, State of, California, State of, State of Pennsylvania. (Attachments: # 1 Exhibit Consent to Designation as Local Counsel)(Goldfarb, Jon) (Entered: 06/11/2024)Open(opens another site)
29NOTICE of Appearance by Jon C Goldfarb on behalf of California, State of, New Jersey, State of, State of Pennsylvania (Goldfarb, Jon) (Entered: 06/12/2024)Open(opens another site)
30MOTION for Leave to File Amicus Brief by California, State of, New Jersey, State of, State of Pennsylvania. (Attachments: # 1 Exhibit 1, Proposed Brief)(Goldfarb, Jon) (Entered: 06/12/2024)Open(opens another site)
31TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. 30 ). The amicus brief shall be filed on or before June 17, 2024. Signed by Judge Annemarie Carney Axon on 6/13/24. (SAC) (Entered: 06/13/2024)Open(opens another site)
32Brief re 30 MOTION for Leave to File Amicus Brief, 31 Order on Motion for Leave to File filed by New Jersey, State of. (Goldfarb, Jon) (Entered: 06/14/2024)Open(opens another site)
33TEXT ORDER - The court GRANTS 28 Motion for Leave to Appear pro hac vice for attorney Lauren E. Van Driesen. The Clerk's Office sends all orders and court notices to counsel electronically. If not already registered, attorney shall register for a PACER account. She may then request filing privileges for this court through the PACER website. Subsequently, she may enter a notice of appearance in this case. Signed by Judge Annemarie Carney Axon on 6/14/24. (SAC) (Entered: 06/14/2024)Open(opens another site)
34Brief re 27 Order,, 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Norris, Cameron) (Entered: 06/17/2024)Open(opens another site)
35Brief re 24 Response in Opposition to Motion, 27 Order,, . (Kopplin, Rebecca) (Entered: 06/17/2024)Open(opens another site)
36NOTICE of Appearance by Edward A R Miller on behalf of Stop Abusive and Violent Environments (Miller, Edward) (Entered: 06/18/2024)Open(opens another site)
37MOTION for Leave to File Amicus Brief by Stop Abusive and Violent Environments. (Attachments: # 1 Exhibit Proposed Amicus Brief of Stop Abusive and Violent Environments in Support of Plaintiffs Motion for Preliminary Injunction)(Miller, Edward) (Entered: 06/18/2024)Open(opens another site)
38REPLY to Response to Motion re 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date filed by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc. (Attachments: # 1 Affidavit Vaseliou Declaration, # 2 Exhibit A: NWFSC TIX Policy, # 3 Exhibit B: NWFSC Student Handbook, # 4 Exhibit C: Comment by FIRE, # 5 Exhibit D: FIRE Spotlight on Campus Due Process)(Norris, Cameron) (Entered: 06/19/2024)Open(opens another site)
39TEXT ORDER: The court GRANTS the motion for leave to file an amicus brief. (Doc. 37 ). The amicus brief shall be filed on or before June 24, 2024. Signed by Judge Annemarie Carney Axon on 6/20/2024. (CLC) (Entered: 06/20/2024)Open(opens another site)
40Brief of Amicus Curiae STOP ABUSIVE AND VIOLENT ENVIRONMENTS. (Miller, Edward) (Entered: 06/24/2024)Open(opens another site)
41Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Miguel Cardona, U.S. Department of Education. (Kopplin, Rebecca) (Entered: 06/28/2024)Open(opens another site)
42TEXT ORDER: The court GRANTS the motion to extend the time to respond to the complaint. (Doc. 41 ). A response is due on or before July 26, 2024. Signed by Judge Annemarie Carney Axon on 6/28/2024. (CLC) (Entered: 06/28/2024)Open(opens another site)
43NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc re 27 Order,, 7 MOTION for Preliminary Injunction MOTION to Stay Effective Date, 34 Brief, 38 Reply to Response to Motion,, of Supplemental Authority (Attachments: # 1 Exhibit Loper v. Raimondo, Opinion)(Norris, Cameron) (Entered: 06/28/2024)Open(opens another site)
44MOTION for Leave to Appear Pro Hac Vice by Benjamin North by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)Open(opens another site)
45MOTION for Leave to Appear Pro Hac Vice by Lindsay McKasson by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)Open(opens another site)
46MOTION for Leave to Appear Pro Hac Vice by Shawn Flynn by Stop Abusive and Violent Environments. (Miller, Edward) (Entered: 06/28/2024)Open(opens another site)
47TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Benjamin F North to Appear Pro Hac Vice, Doc. 44, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)Open(opens another site)
48TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Lindsay R McKasson to Appear Pro Hac Vice, Doc. 45, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)Open(opens another site)
49TEXT ORDER. Amicus, Stop Abusive and Violent Environments' Motion for Leave for Shawn M Flynn to Appear Pro Hac Vice, Doc. 46, is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Annemarie Carney Axon on 7/1/2024. (FNC) (Entered: 07/01/2024)Open(opens another site)
50NOTICE by Alabama, State of, Florida, State of, Georgia, State of, Independent Women's Law Center, Independent Women's Network, Parents Defending Education, South Carolina, State of, Speech First, Inc of Supplemental Authority (D. Kansas) (Norris, Cameron) (Entered: 07/02/2024)Open(opens another site)