S.W. v. Loudoun County School Board

Court
E.D. Va.
Docket number
1:25-cv-01536
Filed
Terminated
Last filing
Assigned judge
Leonie M. Brinkema
Referred judge
William E. Fitzpatrick
Nature of suit
440 Civil Rights: Other
Cause
42:1983 Civil Rights Act
Jurisdiction
Federal Question
Jury demand
Plaintiff
Case
S.W. v. Loudoun County School Board
Cite
S.W. v. Loudoun Cnty. Sch. Bd., No. 1:25-cv-01536 (E.D. Va. filed Sept. 15, 2025)
Source
Docket on CourtListener(opens another site)

The 63 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.

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Docket entries
No.DateDescriptionDocument
101Joint MOTION for Extension of Time to File Response/Reply as to 92 NOTICE, 79 MOTION to Intervene, MOTION for Extension by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 12/23/2025)Open(opens another site)
102Waiver of re 101 Joint MOTION for Extension of Time to File Response/Reply as to 92 NOTICE, 79 MOTION to Intervene MOTION for Extension by Loudoun County School Board (Bardot, Heather) (Entered: 12/23/2025)Open(opens another site)
103ORDER granting 97 Motion for Pro hac vice. Appointed Michael Sean Royall for Loudoun County School Board. Signed by District Judge Leonie M. Brinkema on 12/23/2025. (kgall) (Entered: 12/23/2025)Open(opens another site)
104ORDER granting 98 Motion for Pro hac vice. Appointed Rachel Craft for Loudoun County School Board. Signed by District Judge Leonie M. Brinkema on 12/23/2025. (kgall) (Entered: 12/23/2025)Open(opens another site)
105ORDER granting 99 Motion for Pro hac vice. Appointed Benjamin S. Softness for Loudoun County School Board. Signed by District Judge Leonie M. Brinkema on 12/23/2025. (kgall) (Entered: 12/23/2025)Open(opens another site)
106ORDERED that the Joint Motion for Extensions of Time is GRANTED, and LCPS shall file its response to the United States' Statement of Interest (ECF 92) on or before January 5, 2026, and the United States shall file its response to LCPS's Opposition to the United States' Motion to Intervene (ECF 100) on or before January 5, 2026. Signed by District Judge Leonie M. Brinkema on 12/29/2025. (wgar, ) (Entered: 12/29/2025)Open(opens another site)
107Motion to appear Pro Hac Vice by LaDawn Lynee Burnett and Certification of Local Counsel Brian Lawrence Repper by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 12/29/2025)Open(opens another site)
108Consent MOTION to Withdraw as Attorney for Plaintiffs, Counsel Andrew Block by J.S., S.W.. (Attachments: # 1 Proposed Order)(Block, Andrew) (Entered: 12/30/2025)Open(opens another site)
109Waiver of re 108 Consent MOTION to Withdraw as Attorney for Plaintiffs, Counsel Andrew Block (Notice of Waiver of Hearing) by J.S., S.W. (Block, Andrew) (Entered: 12/30/2025)Open(opens another site)
110ORDER granting 107 Motion for Pro hac vice Appointed. LaDawn Lynee Burnett for UNITED STATES OF AMERICA. Signed by District Judge Leonie M. Brinkema on 12/30/2025. (kgall) (Entered: 12/30/2025)Open(opens another site)
111ORDER granting 108 Motion to Withdraw as Attorney. Attorney Andrew Block terminated. Signed by District Judge Leonie M. Brinkema on 12/30/2025. (Sbro, ) (Entered: 12/30/2025)Open(opens another site)
112REPLY to Response to Motion re 79 MOTION to Intervene filed by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 01/05/2026)Open(opens another site)
113Response to 92 NOTICE Response to United States' Statement of Interest filed by Loudoun County School Board. (Attachments: # 1 Exhibit May 30, 2025 Letter to Respondent 3)(Bardot, Heather) (Entered: 01/05/2026)Open(opens another site)
114MOTION to appear Pro Hac Vice by Crystal Clanton and Certification of Local Counsel Ellis Bennett. Filing Fee $75, receipt number AVAEDC-10700886 by J.S., S.W. (Bennett, Ellis) (Entered: 01/12/2026)Open(opens another site)
115ORDER granting 114 Motion for Pro hac vice Appointed Crystal Clanton for J.S.,Crystal Clanton for S.W. Signed by District Judge Leonie M. Brinkema on 1/12/2026. (swil) (Entered: 01/12/2026)Open(opens another site)
116NOTICE of Appearance by Graham Keith Bryant on behalf of Commonwealth of Virginia (Bryant, Graham) (Entered: 01/15/2026)Open(opens another site)
117MOTION to Compel by J.S., S.W.. (Attachments: # 1 Proposed Order)(Bennett, Ellis) (Entered: 01/15/2026)Open(opens another site)
118Memorandum in Support re 117 MOTION to Compel Discovery filed by J.S., S.W. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Bennett, Ellis) Modified on 1/15/2026 (Dest, ). (Per Attorney's request Exhibits 1, 2, 3, and 4 placed under seal. Attorney notified to file a Motion to Seal). (Entered: 01/15/2026)Open(opens another site)
119Notice of Hearing Date set for 1/23/2026 at 10:00 AM re 117 MOTION to Compel (Bennett, Ellis) (Entered: 01/15/2026)Open(opens another site)
120Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 1/16/2026. Appearance of counsel. Argument heard and 79 MOTION to Intervene - DENIED WITHOUT PREJUDICE; 69 MOTION to Dismiss for Failure to State a Claim Amended Complaint - GRANTED IN PART AND DENIED IN PART. Counts 10-12 are dismissed. Court orders parties to schedule mediation with WEF. Parents are required to attend mediation. Scheduling Order vacated. Order to follow. (Court Reporter S. Austin)(kgall) (Entered: 01/16/2026)Open(opens another site)
121ORDERED that the United States's Motion to Intervene, [Dkt. No. 79], is DENIED WITHOUT PREJUDICE, and defendant's Motion to Dismiss, [Dkt. No. 69], is GRANTED IN PART AND DENIED IN PART. ORDERED that Counts X (federal due process), XI (state due process), XII (conspiracy), be and are DISMISSED from this civil action. Counts I through IX will remain in this civil action. ORDERED that the Court's Scheduling Order, [Dkt. No. 52], be and is VACATED. ORDERED that the parties promptly contact Judge Fitzpatrick to schedule a settlement conference. Plaintiffs' parents must attend the settlement conference. Signed by District Judge Leonie M. Brinkema on 1/16/2026. (kgall) (Entered: 01/16/2026)Open(opens another site)
122MOTION to Seal Exhibits 1-4 to Plaintiffs' Motion to Compel Discovery by J.S., S.W.. (Attachments: # 1 Exhibit 1-4 (Redacted Version), # 2 Proposed Order)(Bennett, Ellis) (Entered: 01/16/2026)Open(opens another site)
123Memorandum in Support re 122 MOTION to Seal Exhibits 1-4 to Plaintiffs' Motion to Compel Discovery filed by J.S., S.W.. (Bennett, Ellis) (Entered: 01/16/2026)Open(opens another site)
124Notice of Filing Sealing Motion LCvR5(C) by J.S., S.W. re 123 Memorandum in Support, 122 MOTION to Seal Exhibits 1-4 to Plaintiffs' Motion to Compel Discovery (Bennett, Ellis) (Entered: 01/16/2026)Open(opens another site)
125TRANSCRIPT of motions hearing held on 1-16-26, before Judge Leonie M. Brinkema, Court Reporter/Transcriber Stephanie Austin, 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 2/17/2026. Redacted Transcript Deadline set for 3/18/2026. Release of Transcript Restriction set for 4/16/2026.(Austin, Stephanie) (Entered: 01/16/2026)Open(opens another site)
126MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Dingman, Michael) (Entered: 01/16/2026)Open(opens another site)
127MOTION to Withdraw as Attorney by Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 01/17/2026)Open(opens another site)
128This matter comes before the Court pursuant to United States District Judge Leonie M. Brinkema's January 16, 2026 Order directing the parties to schedule a settlement conference with the undersigned 121 . Accordingly, it is hereby ORDERED that a settlement conference is scheduled for February 13, 2026, at 10:00 a.m. in Courtroom 500; and it is further ORDERED that, in the event the matter is not resolved at the settlement conference, a status conference shall be held on February 20, 2026, at 10:00 a.m., in Courtroom 500, at which time the Court will issue a new scheduling order; and it is further; ORDERED that Defendant is not required to file a responsive pleading pending further order of the Court. Signed by Magistrate Judge William E. Fitzpatrick on 1/20/26. (tfitz, ) (Entered: 01/20/2026)Open(opens another site)
129Consent MOTION to Withdraw 117 MOTION to Compel by J.S., S.W.. (Attachments: # 1 Proposed Order)(Bennett, Ellis) (Entered: 01/20/2026)Open(opens another site)
130NOTICE of Waiver of Oral Argument and Hearing re 129 Consent MOTION to Withdraw 117 MOTION to Compel by J.S., S.W. (Bennett, Ellis) (Entered: 01/20/2026)Open(opens another site)
131ORDERED that Plaintiff's Motion to Withdraw their Motion to Compel (Dkt. 117) isGRANTED: and it is further ORDERED that the Commonwealth of Virginia's Motion to Withdraw Michael C. Dingman as counsel (Dkt. 126) and Motion to Withdraw Kevin M. Gallagher as counsel (Dkt. 127) are GRANTED. Signed by Magistrate Judge William E. Fitzpatrick on 01/23/2026. (dvanm) (Entered: 01/23/2026)Open(opens another site)
132NOTICE of Appearance by Mikaela Austin Phillips on behalf of Commonwealth of Virginia (Phillips, Mikaela) (Entered: 01/29/2026)Open(opens another site)
133MOTION to Withdraw as Counsel by Commonwealth of Virginia. (Bryant, Graham) (Entered: 01/29/2026)Open(opens another site)
134Waiver of re 133 MOTION to Withdraw as Attorney by Commonwealth of Virginia (Bryant, Graham) (Entered: 01/29/2026)Open(opens another site)
135ORDER granting 133 MOTION to Withdraw as Counsel. Signed by District Judge Leonie M. Brinkema on 01/29/2026. (triv) (Entered: 01/29/2026)Open(opens another site)
136MOTION to Intervene (Renewed) by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 01/30/2026)Open(opens another site)
137Memorandum in Support re 136 MOTION to Intervene (Renewed) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A: [Second Proposed] Complaint, # 2 Exhibit B: AG Certification)(Repper, Brian) (Entered: 01/30/2026)Open(opens another site)
138Notice of Hearing Date set for February 6, 2026 re 136 MOTION to Intervene (Renewed) (Repper, Brian) (Entered: 01/30/2026)Open(opens another site)
139Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed), MOTION to Strike 138 Notice of Hearing Date by Loudoun County School Board. (Bardot, Heather) (Entered: 02/01/2026)Open(opens another site)
140Memorandum in Support re 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date filed by Loudoun County School Board. (Bardot, Heather) (Entered: 02/01/2026)Open(opens another site)
141Waiver of re 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date by Loudoun County School Board (Bardot, Heather) (Entered: 02/01/2026)Open(opens another site)
142RESPONSE to Motion re 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date filed by J.S., S.W.. (Bennett, Ellis) (Entered: 02/02/2026)Open(opens another site)
143MOTION for Hearing re 138 Notice of Hearing Date, 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date February 6, 2026 by UNITED STATES OF AMERICA. (Repper, Brian) (Entered: 02/02/2026)Open(opens another site)
144Opposition to 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date, 143 MOTION for Hearing re 138 Notice of Hearing Date, 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike [138, and Memorandum in support of Hearing filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Repper, Brian) (Entered: 02/02/2026)Open(opens another site)
145REPLY to Response to Motion re 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date filed by Loudoun County School Board. (Bardot, Heather) (Entered: 02/03/2026)Open(opens another site)
146REPLY to Response to Motion re 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike 138 Notice of Hearing Date filed by Loudoun County School Board. (Bardot, Heather) (Entered: 02/03/2026)Open(opens another site)
147Opposition to 143 MOTION for Hearing re 138 Notice of Hearing Date, 139 Emergency MOTION Refuse to Set Hearing on ECF 136 for February 6, 2026 re 138 Notice of Hearing Date, 136 MOTION to Intervene (Renewed) MOTION to Strike [138 filed by Loudoun County School Board. (Bardot, Heather) (Entered: 02/03/2026)Open(opens another site)
148ORDERED that defendant's Objection and Motion to Reject Notice of Hearing, [Dkt. No. 139], is GRANTED and the United States's Motion for Hearing, [Dkt. No. 143], is DENIED. ORDERED that the United States, after conferring with plaintiffs' and defendant's counsel, notice a hearing for 10:00 AM on February 20, 2026 or February 27, 2026 (see Order for details). Signed by District Judge Leonie M. Brinkema on 2/3/2026. (kgall) (Entered: 02/03/2026)Open(opens another site)
149ORDERED that Plaintiffs' Motion to Seal (Dkt. 122) is GRANTED; and it is further ORDERED that the original exhibits 1-4 to Plaintiffs' Motion to Compel Discovery (Dkts. 117-118) shall remain under seal until further order of the Court; and it is further ORDERED that Plaintiffs may file on the public docket versions of Exhibits 1-4 with the names and identifying information of any minor children redacted. See Order for further details. Signed by Magistrate Judge William E. Fitzpatrick on 2/3/2026. (Dest) (Entered: 02/03/2026)Open(opens another site)
150Notice of Hearing Date February 27, 2026 re 136 MOTION to Intervene (Renewed) (Repper, Brian) (Entered: 02/04/2026)Open(opens another site)