E.K. v. Department of Defense Education Activity

Court
E.D. Va.
Docket number
1:25-cv-00637
Filed
Last filing
Assigned judge
Patricia Tolliver Giles
Referred judge
Ivan D. Davis
Nature of suit
440 Civil Rights: Other
Cause
28:1331 Fed Question-Violation of Constitutional Rights
Jurisdiction
Federal Question
Jury demand
None
Case
E.K. v. Department of Defense Education Activity
Cite
E.K. v. Dep't of Def. Educ. Activity, No. 1:25-cv-00637 (E.D. Va. filed Apr. 15, 2025)
Source
Docket on CourtListener(opens another site)

The 84 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 ( Filing fee $ 405, receipt number AVAEDC-10124205.), filed by O.H., C.Y., S.H., E.G., L.K., M.T., H.H., E.K., E.Y., S.K.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Index of Exhibits, # 16 Civil Cover Sheet)(Callahan, Matthew) (Entered: 04/15/2025)Open(opens another site)
2Proposed Summons as to Department of Defense Education Activity by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)Open(opens another site)
3Proposed Summons as to Beth Schiavano-Narvaez by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)Open(opens another site)
4Proposed Summons as to Peter Brian Hegseth by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)Open(opens another site)
5Proposed Summons as to Attorney General by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/16/2025)Open(opens another site)
6Proposed Summons as to U.S. Attorney by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/16/2025)Open(opens another site)
7Summons Issued as to Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice)(dvanm) (Entered: 04/18/2025)Open(opens another site)
8SUMMONS Returned Executed by O.H., C.Y., S.H., E.G., L.K.(by and through parent and next friend Anna Kenkel), M.T., H.H., E.K., E.Y., S.K.. All Defendants. (Attachments: # 1 Affidavit, # 2 Receipt)(Callahan, Matthew) (Entered: 05/06/2025)Open(opens another site)
9MOTION for Preliminary Injunction by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
10Memorandum in Support re 9 MOTION for Preliminary Injunction filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Index of Exhibits, # 2 Attorney Declaration of Matthew Callahan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Keeley Declaration with Exhibits A-E, # 24 Henninger Declaration, # 25 Young Declaration, # 26 Kenkel Declaration with Exhibits A and B, # 27 Tolley Declaration with Exhibit A)(Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
11Notice of Hearing Date on May 29, 2025 at 10:00 a.m. re 9 MOTION for Preliminary Injunction (Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
12Motion to appear Pro Hac Vice by Emerson Sykes and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166769. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
13Motion to appear Pro Hac Vice by Corey Shapiro and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166792. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
14Motion to appear Pro Hac Vice by William Sharp and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166795. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)Open(opens another site)
15ORDER that the hearing on Pltfs' 9 MOTION for Preliminary Injunction currently scheduled for 05/29/2025, at 10:00 a.m. is RESET to 06/03/2025, at 10:00 a.m.; the Clerk shall TERMINATE the hearing currently scheduled for 05/29/2025, at 10:00 a.m. Signed by District Judge Patricia Tolliver Giles on 05/08/25. (pmil, ) (Main Document 15 replaced on 5/9/2025) (pmil, ). Modified on 5/9/2025 to attach correct Order (pmil, ). (Entered: 05/08/2025)Open(opens another site)
16ORDER granting 12 Motion for Pro hac vice. Appointed Emerson J. Sykes for C.Y.,Emerson J. Sykes for E.G.,Emerson J. Sykes for E.K.,Emerson J. Sykes for E.Y.,Emerson J. Sykes for H.H.,Emerson J. Sykes for L.K.,Emerson J. Sykes for L.K.,Emerson J. Sykes for L.K.,Emerson J. Sykes for M.T.,Emerson J. Sykes for O.H.,Emerson J. Sykes for S.H.,Emerson J. Sykes for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)Open(opens another site)
17ORDER granting 13 Motion for Pro hac vice. Appointed Corey M. Shapiro for C.Y.,Corey M. Shapiro for E.G.,Corey M. Shapiro for E.K.,Corey M. Shapiro for E.Y.,Corey M. Shapiro for H.H.,Corey M. Shapiro for L.K.,Corey M. Shapiro for L.K.,Corey M. Shapiro for L.K.,Corey M. Shapiro for M.T.,Corey M. Shapiro for O.H.,Corey M. Shapiro for S.H.,Corey M. Shapiro for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)Open(opens another site)
18ORDER granting 14 Motion for Pro hac vice. Appointed William E. Sharp for C.Y.,William E. Sharp for E.G.,William E. Sharp for E.K.,William E. Sharp for E.Y.,William E. Sharp for H.H.,William E. Sharp for L.K.,William E. Sharp for L.K.,William E. Sharp for L.K.,William E. Sharp for M.T.,William E. Sharp for O.H.,William E. Sharp for S.H.,William E. Sharp for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)Open(opens another site)
19Document removed as improperly filed. Modified on 5/16/2025 (dvanm). (Entered: 05/15/2025)Open(opens another site)
20Document removed as improperly filed. Modified on 5/16/2025 (dvanm). (Entered: 05/15/2025)Open(opens another site)
21NOTICE of Appearance by Matthew J. Mezger on behalf of Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Mezger, Matthew) (Entered: 05/19/2025)Open(opens another site)
22MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction (Unopposed) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 05/19/2025)Open(opens another site)
23Waiver of re 22 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction (Unopposed) (Hearing) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Mezger, Matthew) (Entered: 05/19/2025)Open(opens another site)
24ORDERED that Defendants' motion 22 is GRANTED; and it is further ORDERED that Defendants shall file any memorandum of law in opposition to Plaintiffs' Motion for a Preliminary injunction on or before May 23, 2025 no later than noon. Signed by District Judge Patricia Tolliver Giles on 05/19/2025. (dvanm) (Entered: 05/19/2025)Open(opens another site)
25MOTION for Leave to File Amicus Brief by Federal Education Association, National Education Association. (Attachments: # 1 Proposed Amicus Brief)(dvanm) (Attachment 1 replaced with correct document on 5/21/2025) (dvanm). (Entered: 05/21/2025)Open(opens another site)
26NOTICE of Appearance by Jacob Karabell on behalf of Federal Education Association, National Education Association. (dvanm) (Entered: 05/21/2025)Open(opens another site)
27Financial Interest Disclosure Statement (Local Rule 7.1) by Federal Education Association, National Education Association. (dvanm) (Entered: 05/21/2025)Open(opens another site)
28NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Loftus, Meghan) (Entered: 05/23/2025)Open(opens another site)
29Memorandum in Opposition re 9 MOTION for Preliminary Injunction filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Exhibit DEX 1, # 2 Exhibit DEX 2, # 3 Exhibit DEX 3, # 4 Exhibit DEX 4)(Loftus, Meghan) (Entered: 05/23/2025)Open(opens another site)
30MOTION for Extension of Time to File Response/Reply as to 29 Memorandum in Opposition, (unopposed) by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 05/23/2025)Open(opens another site)
31Waiver of re 30 MOTION for Extension of Time to File Response/Reply as to 29 Memorandum in Opposition, (unopposed) hearing by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 05/23/2025)Open(opens another site)
32MOTION re Set Motion and R&R Deadlines/Hearings Providing Telephonic or Other Remote Access (Unopposed) by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 05/23/2025)Open(opens another site)
33Waiver of re 32 MOTION re Set Motion and R&R Deadlines/Hearings Providing Telephonic or Other Remote Access (Unopposed) hearing by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 05/23/2025)Open(opens another site)
34ORDERED that the Motion is GRANTED; and it is further ORDERED that FEA and NEA's Amici Brief filed on May 19, 2025 is deemed FILED in re 25 Motion for Leave to File Amicus Brief. Signed by District Judge Patricia Tolliver Giles on 5/27/2025. (swil) (Entered: 05/28/2025)Open(opens another site)
35ORDERED that Plaintiffs' motion is GRANTED; and it is further ORDERED that Plaintiffs shall file any memorandum of law in reply to Defendants' Response in Opposition to Plaintiffs' Motion for a Preliminary Injunction on or before May 30, 2025. by 12:00 p.m. in re 30 Motion for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 5/27/2025. (swil) (Entered: 05/28/2025)Open(opens another site)
36REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/30/2025)Open(opens another site)
37Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 6/3/2025.Appearances of Counsel for Plaintiffs and Counsel for Defendants.RE: 9 MOTION for Preliminary Injunction filed by H.H., E.Y., L.K., S.H., O.H., C.Y., E.K., E.G., S.K., M.T. - MATTER ARGUED - TAKEN UNDER ADVISEMENT - ORDER TO FOLLOW.The Court DIRECTS Defts to file all information/lists as to material removed within 7 days.Court Reporter: S. Wallace(pmil, ) (Entered: 06/03/2025)Open(opens another site)
38MOTION for Extension of Time by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 06/06/2025)Open(opens another site)
39NOTICE by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez re 38 MOTION for Extension of Time (Waiver of Hearing) (Loftus, Meghan) (Entered: 06/06/2025)Open(opens another site)
40ORDERED that Defendants' motion 38 is GRANTED: and it is further ORDERED that Defendants' deadline with respect to the filing of the list of books is extended to June 16, 2025. Signed by District Judge Patricia Tolliver Giles on 06/09/2025. (dvanm) (Entered: 06/09/2025)Open(opens another site)
41MOTION for Reconsideration of Court's June 3, 2025 Order by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 06/11/2025)Open(opens another site)
42Memorandum in Support re 41 MOTION for Reconsideration of Court's June 3, 2025 Order filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Exhibit Second Dill Declaration)(Loftus, Meghan) (Entered: 06/11/2025)Open(opens another site)
43NOTICE by Beth Schiavino-Narvaez re 41 MOTION for Reconsideration of Court's June 3, 2025 Order (Waiver of Hearing) (Loftus, Meghan) (Entered: 06/11/2025)Open(opens another site)
44Memorandum in Opposition re 41 MOTION for Reconsideration of Court's June 3, 2025 Order filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) Modified to correct filer names on 6/13/2025 (dvanm). (Entered: 06/13/2025)Open(opens another site)
45ORDER that Defts produce the list of books pending review by the Department of Defense ex parte for the Court's in camera review by 06/16/2025 at 5:00 p.m. Signed by District Judge Patricia Tolliver Giles on 06/16/25. (pmil, ) (Entered: 06/16/2025)Open(opens another site)
46NOTICE by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez re 45 Order (Loftus, Meghan) (Entered: 06/16/2025)Open(opens another site)
47TRANSCRIPT of proceedings held on 6-3-25, before Judge Patricia Tolliver Giles, Court Reporter/Transcriber Scott Wallace, Telephone number [telephone number removed]. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/21/2025. Redacted Transcript Deadline set for 8/20/2025. Release of Transcript Restriction set for 9/18/2025.(wallace, scott) (Entered: 06/20/2025)Open(opens another site)
48MOTION to Dismiss by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 06/27/2025)Open(opens another site)
49Memorandum in Support re 48 MOTION to Dismiss filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 06/27/2025)Open(opens another site)
50Notice of Hearing Date re 48 MOTION to Dismiss, 49 Memorandum in Support (Mezger, Matthew) (Entered: 06/27/2025)Open(opens another site)