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.

Clear
Docket entries
No.DateDescriptionDocument
51Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss 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: 06/30/2025)Open(opens another site)
52Waiver of re 51 Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss hearing date 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: 06/30/2025)Open(opens another site)
53ORDERED that Plaintiffs' motion is GRANTED; and it is further ORDERED that Plaintiffs shall file any memorandum of law in response to Defendants' Motion to Dismiss on or before July 16, 2025 in re 51 Motion for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 7/2/2025. (swil) (Entered: 07/02/2025)Open(opens another site)
54MEMORANDUM ORDER Denying Defendants' Motion for Reconsideration (Dkt. 41); and it is further ORDERED that the list of books (as submitted to the Court) is deemed filed on the public docket and included as Attachment A to this Memorandum Order. Signed by District Judge Patricia Tolliver Giles on 07/11/2025. (see order for details)(dvanm) (Entered: 07/11/2025)Open(opens another site)
55Memorandum in Opposition re 48 MOTION to Dismiss 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.. (Heilman, Eden) (Entered: 07/16/2025)Open(opens another site)
56ORDER that the hearing on the 48 MOTION to Dismiss on for 07/24/2025 is TERMINATED (see Order for details). Signed by District Judge Patricia Tolliver Giles on 07/17/25. (pmil, ) (Entered: 07/17/2025)Open(opens another site)
57RESPONSE in Support re 48 MOTION to Dismiss filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Loftus, Meghan) (Entered: 07/22/2025)Open(opens another site)
58MEMORANDUM OPINION in re Motion for Preliminary Injunction (see Order for details). Signed by District Judge Patricia Tolliver Giles on 10/20/2025. (swil) (Entered: 10/20/2025)Open(opens another site)
59ORDERED that Plaintiffs' Motion for Preliminary Injunction (Dkt. 9) is GRANTED in part and DENIED in part; it is further ORDERED that the injunction applies to Plaintiffs' five DoDEA schools: Crossroads Elementary School, Barsanti Elementary School, Aviano Middle-High School, Stollars Elementary School, and Egdren Middle High School; it is further ORDERED that Defendants DoDEA, Dr. Beth Schiavano-Narvaez, and Secretary of Defense Peter Brian Hegseth, along with their agents, are enjoined from further removals of educational books and curricular content in implementation of Executive Order Nos. 14168, 14185, and 14190 and any related memoranda, directives, and guidance at Plaintiffs' DoDEA schools; and it is further ORDERED that Defendants and their agents immediately restore the library books and curricular materials that have been removed since January 19, 2025 in implementation of the EOs to their preexisting shelves, classrooms, and units at Plaintiffs' five schools. Signed by District Judge Patricia Tolliver Giles on 10/20/2025. (swil) (Entered: 10/20/2025)Open(opens another site)
60NOTICE OF APPEAL as to 58 Memorandum Opinion, 59 Order on Motion for Preliminary Injunction,,,, by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 12/18/2025)Open(opens another site)
61Transmission of Notice of Appeal to US Court of Appeals re 60 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) (Entered: 12/18/2025)Open(opens another site)
62USCA Case Number 25-2497, case manager R. Phillips 4th Circuit for 60 Notice of Appeal filed by Peter B. Hegseth, Beth Schiavino-Narvaez, Department of Defense Education Activity. (swil) (Entered: 12/23/2025)Open(opens another site)
63NOTICE OF CROSS APPEAL as to 59 Order on Motion 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.. Filing fee $ 605, receipt number AVAEDC-10668262. (Callahan, Matthew) (Entered: 12/23/2025)Open(opens another site)
64NOTICE 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. of Change in Enrollment Status of Certain Plaintiffs (Attachments: # 1 Declaration of J. Henninger, # 2 Declaration of M. Jebeles, # 3 Declaration of L. Keeley, # 4 Declaration of A. Kenkel)(Callahan, Matthew) (Entered: 12/23/2025)Open(opens another site)
65Transmission of Notice of Cross Appeal to US Court of Appeals re 63 Notice of Cross Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) (Entered: 12/30/2025)Open(opens another site)
66USCA Case Number 26-1002 Fourth Circuit, Case Manager R. Phillips for 63 NOTICE OF CROSS APPEAL as to 59 Order on Motion 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..(Sbro, ). (Entered: 01/02/2026)Open(opens another site)
67ORDER of USCA as to 60 Notice of Appeal filed by Peter B. Hegseth, Beth Schiavino-Narvaez, Department of Defense Education Activity, 63 Notice of Cross Appeal, filed by H.H., E.Y., L.K., S.H., O.H., C.Y., E.K., E.G., S.K., M.T.. The court consolidates Case No. 25-2497 and Case No. 26-1002 as cross-appeals. The appellant in Case No. 25-2497 shall be considered the appellant for purposes of the consolidated appeals and shall proceed first at briefing and at oral argument. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Sbro, ) (Entered: 01/02/2026)Open(opens another site)
68NOTICE by M.T. of Use of School Library (Callahan, Matthew) (Entered: 02/25/2026)Open(opens another site)
69MOTION to Modify the 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.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 03/12/2026)Open(opens another site)
70Memorandum in Support re 69 MOTION for Preliminary Injunction Modification 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: 03/12/2026)Open(opens another site)
71Waiver of re 69 MOTION for Preliminary Injunction Modification 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: 03/12/2026)Open(opens another site)
72Declaration re 69 MOTION for Preliminary Injunction Modification of J. Henninger 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: 03/18/2026)Open(opens another site)
73MEMORANDUM ORDER denying defendant's Motion to Dismiss (Dkt. 48). (see order for details) Signed by District Judge Patricia Tolliver Giles on 3/20/2026. (dvanm) (Entered: 03/20/2026)Open(opens another site)
74Consent MOTION for an Enlargement of Time as to 69 MOTION to Modify the Preliminary Injunction by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 03/20/2026)Open(opens another site)
75ORDER granting 74 Consent MOTION for an Enlargement of Time. ORDERED that Defendants' shall file their response to Plaintiffs' Renewed Motion for a Preliminary Injunction no later than April 9, 2026. Signed by District Judge Patricia Tolliver Giles on 03/24/2026. (triv) (Entered: 03/24/2026)Open(opens another site)
76Consent MOTION for Extension of Time to File an Answer in re 1 Complaint, by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 04/03/2026)Open(opens another site)
77ORDER granting 76 Consent MOTION for Extension of Time to File an Answer. Defendants shall file an answer or otherwise respond to Plaintiffs' Complaint no later than April 17, 2026. Signed by Magistrate Judge Ivan D. Davis on 04/03/2026. (triv) (Entered: 04/03/2026)Open(opens another site)
78Consent MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Preliminary Injunction Modification, 1 Complaint,, by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 04/09/2026)Open(opens another site)
79ORDERED that Defendants' consent motion is GRANTED; and it is further ORDERED that Defendants' shall file their response to Plaintiffs Renewed Motion for a Preliminary Injunction and Plaintiffs' Complaint no later than April 23, 2026. Signed by Magistrate Judge Ivan D. Davis on 4/13/2026. (dvanm) (Entered: 04/13/2026)Open(opens another site)
80Memorandum in Opposition re 69 MOTION for Preliminary Injunction Modification filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 04/23/2026)Open(opens another site)
81MOTION for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 04/23/2026)Open(opens another site)
82Memorandum in Support re 81 MOTION for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 04/23/2026)Open(opens another site)
83Waiver of re 82 Memorandum in Support, 81 MOTION for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 (Hearing) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Mezger, Matthew) (Entered: 04/23/2026)Open(opens another site)
84ANSWER to Complaint by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez.(Mezger, Matthew) (Entered: 04/23/2026)Open(opens another site)
85RESPONSE in Support re 69 MOTION for Preliminary Injunction Modification 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: 04/29/2026)Open(opens another site)
86RESPONSE in Opposition re 81 MOTION for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 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: 05/07/2026)Open(opens another site)
87MOTION to Withdraw as Attorney for Plaintiffs by Matthew W. Callahan 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: 09/10/2026)Open(opens another site)
88Waiver of Hearing in re 87 MOTION to Withdraw as Attorney for Plaintiffs 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: 09/10/2026)Open(opens another site)
89ORDER granting 87 Motion to Withdraw as Attorney. Attorney Matthew Callahan terminated. Signed by Magistrate Judge Ivan D. Davis on 9/11/2026. (Davis, Ivan) (Entered: 09/11/2026)Open(opens another site)
90SCHEDULING ORDER: Initial Pretrial Conference set for 10/14/2026 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 2/17/2027 at 10:00 AM in Alexandria Telephonically before District Judge Patricia Tolliver Giles. Discovery due by 2/12/2027. Signed by District Judge Patricia Tolliver Giles on 09/14/26. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(pmil, ) (Entered: 09/14/2026)Open(opens another site)
91NOTICE to Court (of Plaintiffs' Enrollment Status) by C.Y., E.G., E.K., E.Y., H.H. (Attachments: # 1 Exhibit A - Second Supp. Henninger Decl., # 2 Exhibit B - Supp. Young Decl., # 3 Exhibit C - Supp. Tolley Decl.)(Heilman, Eden) (Entered: 09/24/2026)Open(opens another site)
92STIPULATED Dismissal (of Plaintiffs C.Y. and M.T.) by C.Y., E.G., E.K., E.Y., H.H.. (Heilman, Eden) (Entered: 09/24/2026)Open(opens another site)
93So Ordered re: 92 Stipulation of Dismissal of Pltfs' C.Y. and M.T. filed by H.H., C.Y., E.K., E.Y., E.G. Signed by District Judge Patricia Tolliver Giles on 09/25/26. (pmil, ) (Entered: 09/25/2026)Open(opens another site)
94MOTION to Stay Proceedings (Pending Appeals) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 10/01/2026)Open(opens another site)
95Memorandum of Law in Support in re 94 MOTION to Stay Proceedings (Pending Appeals), filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 10/01/2026)Open(opens another site)
96Notice of Hearing Date (October 22, 2026) in re 94 MOTION to Stay Proceedings (Pending Appeals), 95 Memorandum of Law in Support (Mezger, Matthew) (Entered: 10/01/2026)Open(opens another site)
97Joint Proposed Discovery Plan by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez.(Loftus, Meghan) (Entered: 10/07/2026)Open(opens another site)
98Amended Joint Proposed Discovery Plan by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez.(Mezger, Matthew) (Entered: 10/09/2026)Open(opens another site)
99Order Rule 16(b) Scheduling Order. Because the parties' Amended Joint Proposed Discovery Plan 98 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for October 14, 2026, pursuant to Rule 16(b) and this Court's September 14, 2026, Order 90, is cancelled. Upon consideration of the representations made by the parties in their Amended Joint Proposed Discovery Plan, the Court makes the following rulings: 1. All discovery shall be concluded by February 12, 2027. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 10/9/2026. (lgue, ) (Entered: 10/09/2026)Open(opens another site)
100NOTICE of Appearance by Julia Elizabeth Kahn on behalf of 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. (Kahn, Julia) (Entered: 10/13/2026)Open(opens another site)