Case: A.C. v. Metropolitan School District of Martinsville

1:21-cv-02965 | U.S. District Court for the Southern District of Indiana

Filed Date: Dec. 3, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff, a transgender middle school boy in Indiana, filed this lawsuit against his middle school and the Metropolitan School District of Martinsville on December 3, 2021, in the U.S. District Court for the Southern District of Indiana. The student's school denied him access to the boys restroom and soccer team. Several of the school's staff likewise refused to use his preferred pronouns. According to the complaint, the school's actions discriminated against the student in violation of Ti…

The plaintiff, a transgender middle school boy in Indiana, filed this lawsuit against his middle school and the Metropolitan School District of Martinsville on December 3, 2021, in the U.S. District Court for the Southern District of Indiana. The student's school denied him access to the boys restroom and soccer team. Several of the school's staff likewise refused to use his preferred pronouns. According to the complaint, the school's actions discriminated against the student in violation of Title IX and the Equal Protection Clause. Represented by the ACLU of Indiana and Indiana Legal Services, the student sought declaratory relief, an injunction compelling the School District to remedy its schools’ discriminatory practices, and money damages. The case was assigned to Judge Tanya Walton Pratt and referred to Magistrate Judge Matthew Brookman. On December 30, 2021, Magistrate Judge Brookman granted the student's request to proceed through his mother as his next-friend.

The student moved for a preliminary injunction on the same day he filed in federal court. The motion was limited to the subject of restrooms, though, since the soccer season was still months away. Arguing against a preliminary injunction, the School District invoked the student's analogous state court case. After the state court denied the student's request to change the gender marker on his birth certificate, the School District moved for judicial notice of that fact and collateral estoppel in the federal case on the same basis. The School District argued that the state court ruling should weigh against the student's request for a preliminary injunction. Judge Pratt denied this motion in part on April 14, 2022. 2022 WL 1128697. The court agreed to take judicial notice of the state court holding. However, it refused the School District's request for collateral estoppel because the subject of the state court's holding (a birth certificate change) was not before the district court. The student only sought to use the boy's bathroom in the present motion.

Then, on April 29, 2022, the court granted the student's motion for a preliminary injunction. 2022 WL 1289352. The court explained that the student was likely to succeed on the merits in light of the Seventh Circuit's recent ruling in Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Education, 858 F.3d 1034 (7th Cir. 2017). In Whitaker, the U.S. Court of Appeals for the Seventh Circuit held that a school policy that subjects transgender students to different rules, sanctions, or treatment than non-transgender students violated Title IX. Also, the court agreed that the student would suffer irreparable harm without injunctive relief but found no competing harm for the School District. The district appealed this decision to the Seventh Circuit on May 3, 2022.
On August 1, 2023, a three-judge panel consisting of Judges Easterbrook, Lee, and Wood issued an opinion affirming the district court's ruling. 75 F.4th 760. In her opinion, Judge Wood held firm to the Whitaker precedent relied on by the district court. Her opinion noted that "[l]itigation over transgender rights is occurring all over the country, and we assume that at some point the Supreme Court will step in with more guidance than it has furnished so far. Until then, we will stay the course and follow Whitaker." The district filed a petition for a writ of certiorari with the U.S. Supreme Court on October 13, 2023.

On January 16, 2024, the Supreme Court rejected the district's cert petition. 2024 WL 156480.

On April 13, 2024, the student filed an amended complaint. This amended complaint removed the school principal as a defendant and removed the claims related to pronoun usage and access to the boys soccer team, now focusing on the claims related to  bathroom access.

The student filed a motion for partial summary judgment on July 10, 2024. The student argued that there is no contested issue of material fact pertaining to the defendant’s liability—the past and continuing violations of Title IX and the Equal Protection Clause deriving from the denial of access to the boys’ bathroom—and that he was entitled to a permanent injunction. On January 7, 2025, the court granted the student’s motion for partial summary judgment on his Title IX and Equal Protection claims as to the defendant’s liability only, not on money damages. 2025 WL 213090. The court relied on Whitaker and the Supreme Court’s decision in Bostock v. Clayton Cnty.,Georgia, 590 U.S. 644, 645 (2020), to conclude that the school’s policy treats the student differently than non-transgender students in violation of Title IX and that the School District failed to provide persuasive justification for the discriminatory policy in violation of the Equal Protection Clause. The court issued a declaratory judgment that the School District’s policy violated Title IX and the Equal Protection Clause, and a permanent injunction enjoining the School District from stopping, preventing, or in any way interfering with the student freely using any boys' restroom located on or within the campus of any school within the Metropolitan School District of Martinsville.

As of February 21, 2026, this case is ongoing and proceeding to trial on damages only. 

Summary Authors

Jordan Katz (5/10/2022)

Logan Moore (1/31/2024)

Liat Sinclair (2/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61591580/parties/ac-v-metropolitan-school-district-of-martinsville/


Judge(s)
Attorney for Plaintiff

Attorney, Megan Stuart, (Indiana)

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Dimitri Portnoi, (Indiana)

Attorney, Clifford Berlow, (Indiana)

Attorney, Mark Stephen (Indiana)

Attorney, Cynthia Cook (Indiana)

Documents in the Clearinghouse

Documents in this case
1

1:21-cv-02965

Complaint for Declaratory and Injunctive Relief and Damages

Dec. 3, 2021

Dec. 3, 2021

Complaint
47

1:21-cv-02965

Order on Defendants' Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel

April 14, 2022

April 14, 2022

Order/Opinion
50

1:21-cv-02965

Order on Plaintiffs' Motion for Preliminary Injunction

April 29, 2022

April 29, 2022

Order/Opinion

601 F.Supp.3d 345

116

22-01786

UCSA Opinion

U.S. Court of Appeals for the Seventh Circuit

Aug. 1, 2023

Aug. 1, 2023

Order/Opinion

75 F.4th 760

116

1:21-cv-02965

Amended Complaint for Declaratory and Injunctive Relief and Damages

April 13, 2024

April 13, 2024

Complaint
175

1:21-cv-02965

Order on Plaintiff's Motion for Partial Summary Judgment and Parties Motion for Leave to File Surreply and Sur-Surreply

Jan. 7, 2025

Jan. 7, 2025

Order/Opinion

761 F.Supp.3d 1159

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61591580/ac-v-metropolitan-school-district-of-martinsville/

Last updated Feb. 21, 2026, 4 p.m.

ECF Number Date Description Link
1 Dec. 3, 2021

COMPLAINT for Declaratory and Injunctive Relief and Damages against All Defendants, filed by A. C.. (Filing fee $402, receipt number AINSDC-6868691) (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Falk, Kenneth) (Entered: 12/03/2021)

Clearinghouse
2 Dec. 3, 2021

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021)

RECAP
3 Dec. 3, 2021

MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A. C.. (Attachments: # 1 Declaration of M.C., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/03/2021)

1 Declaration of M.C.

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2 Text of Proposed Order

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RECAP
4 Dec. 3, 2021

BRIEF/MEMORANDUM in Support re 3 MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021)

RECAP
5 Dec. 3, 2021

SEALED -Notice of Intention to Seek Leave to Proceed by Pseudonym, filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 12/03/2021)

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6 Dec. 3, 2021

NOTICE of Appearance by Kathleen Belle Bensberg on behalf of Plaintiff A. C.. (Bensberg, Kathleen) (Entered: 12/03/2021)

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7 Dec. 3, 2021

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff A. C.. (Pactor, Stevie) (Entered: 12/03/2021)

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8 Dec. 3, 2021

NOTICE of Appearance by Megan Stuart on behalf of Plaintiff A. C.. (Stuart, Megan) (Entered: 12/03/2021)

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9 Dec. 3, 2021

MOTION for Preliminary Injunction, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/03/2021)

1 Text of Proposed Order

View on PACER

RECAP
10 Dec. 3, 2021

ORDER - This matter is before the Court on Plaintiff's Motion for Preliminary Injunction (Dkt. 9 ). Parties are to meet with Magistrate Judge Matthew P. Brookman to discuss a discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiff shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 12/3/2021.(AKH) (Entered: 12/03/2021)

RECAP
11 Dec. 3, 2021

NOTICE of Compliance, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 12/03/2021)

RECAP
12 Dec. 6, 2021

Summonses Issued as to METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, and PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (DJH) (Entered: 12/06/2021)

RECAP
13 Dec. 6, 2021

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 12/06/2021)

RECAP
14 Dec. 7, 2021

SCHEDULING ORDER - The above case is hereby assigned for a TELEPHONIC STATUS CONFERENCE on DECEMBER 9, 2021 at 2:00 p.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 12/7/2021.(AAS) (Entered: 12/07/2021)

RECAP
16 Dec. 8, 2021

NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Mayes, Jonathan) (Entered: 12/08/2021)

RECAP
17 Dec. 8, 2021

NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 12/08/2021)

RECAP
18 Dec. 8, 2021

NOTICE of Appearance by Mark Wohlford on behalf of Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Wohlford, Mark) (Entered: 12/08/2021)

RECAP
19 Dec. 8, 2021

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Mayes, Jonathan) (Entered: 12/08/2021)

RECAP
20 Dec. 9, 2021

NOTICE of Compliance with Local Rule 10-1, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 12/09/2021)

RECAP
21 Dec. 10, 2021

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 12/9/2021. The briefing schedule for Plaintiff's Motion for Preliminary Injunction (Docket No. 9 ) shall be as follows: A. Plaintiff's brief in support of the Motion for Preliminary Injunction shall be filed by January 18, 2022. B. Defendants' response shall be filed by February 18, 2022. C. Plaintiff's reply shall be filed by February 28, 2022. All discovery relating to Plaintiff's Motion for Preliminary Injunction (Docket No. 9 ) shall be completed by January 14, 2022. Status Conference set for 1/12/2022 at 04:00 PM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 12/10/2021)

RECAP
22 Dec. 15, 2021

SCHEDULING ORDER - Plaintiff's Motion for Preliminary Injunction is set for oral argument on April 8, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Parties are allotted a total of two hours. Signed by Judge Tanya Walton Pratt on 12/15/2021. (AKH) (Entered: 12/15/2021)

RECAP
23 Dec. 20, 2021

ORDER granting 3 Motion to Proceed by Pseudonym - Motion for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym is GRANTED, and the mother of the plaintiff shall proceed in this case as M.C. and defendants shall not publicly disclose her true name. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 12/20/2021. (JRB) (Entered: 12/20/2021)

RECAP
25 Jan. 11, 2022

Joint MOTION to Extend Schedule, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/11/2022)

RECAP
26 Jan. 12, 2022

ORDER - The parties, having submitted 25 their Joint Motion to Extend Schedule, and the Court having read the motion and being duly advised, finds that good cause exists to grant it. (See Order). Signed by Judge Tanya Walton Pratt on 1/12/2022. (AKH) (Entered: 01/12/2022)

RECAP
27 Jan. 13, 2022

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/12/2022. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (LES) (Entered: 01/13/2022)

RECAP
28 Jan. 25, 2022

ANSWER to 1 Complaint, filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL.(Zimmerly, Philip) (Entered: 01/25/2022)

RECAP
29 Feb. 1, 2022

Appendix of Exhibits in Support of Motion re 9 MOTION for Preliminary Injunction, filed by Plaintiff A. C.. (Attachments: # 1 Exhibit 1: Declaration of James D. Fortenberry, M.D., M.S., # 2 Exhibit 2: Declaration of M.C., # 3 Exhibit 3: Declaration of A.C., # 4 Exhibit 4: Deposition of Fred Kutruff)(Pactor, Stevie) (Entered: 02/01/2022)

1 Exhibit 1: Declaration of James D. Fortenberry, M.D., M.S.

View on PACER

2 Exhibit 2: Declaration of M.C.

View on PACER

3 Exhibit 3: Declaration of A.C.

View on PACER

4 Exhibit 4: Deposition of Fred Kutruff

View on RECAP

RECAP
30 Feb. 1, 2022

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction, filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 02/01/2022)

RECAP
31 Feb. 23, 2022

Unopposed MOTION for Extension of Time to File Response to March 11, 2022 re 9 MOTION for Preliminary Injunction, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 02/23/2022)

RECAP
32 Feb. 24, 2022

ORDER - This matter having come before the Court on the Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction filed by Defendants, Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School, in his official capacity; and the Court, being fully advised of all factual matters in this cause, now finds that the motion should be GGRANTED, and it is accordingly ORDERED that Defendants, Metropolitan School District of Martinsville and Principal, John R. Wooden Middle School, in his official capacity, shall respond to Plaintiff's Motion for Preliminary Injunction on or before March 11, 2022. Plaintiff's reply in support of their motion for preliminary injunction is due on or before March 21, 2022. Signed by Judge Tanya Walton Pratt on 2/24/2022. (AKH) (Entered: 02/24/2022)

RECAP
33 March 14, 2022

DECLARATION of Philip R. Zimmerly That Party Was Unable to File in a Timely Manner Due to Technical Difficulties by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 03/14/2022)

RECAP
34 March 14, 2022

Appendix of Exhibits in Support of Response in Opposition to Motion re 9 MOTION for Preliminary Injunction, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Exhibit 1-Deposition of M.C., # 2 Exhibit 2-Deposition of A.C., # 3 Exhibit 3-Deposition of J. Dennis Fortenberry, M.D., M.S.)(Zimmerly, Philip) (Entered: 03/14/2022)

RECAP
35 March 14, 2022

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 03/14/2022)

RECAP
36 March 14, 2022

Unopposed MOTION for Extension of Time to File Reply to March 24, 2022 re 9 MOTION for Preliminary Injunction, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/14/2022)

RECAP
37 March 15, 2022

ORDER - Plaintiff having filed 36 his Unopposed Motion to Extend Time to File Reply Memorandum in Support of Motion for Preliminary Injunction, and the Court having read the motion and being duly advised finds that good cause exists to GRANT it, and IT IS THEREFORE ORDERED that plaintiff shall file his reply memorandum in support of his motion for preliminary injunction on, or before, March 24, 2022. Signed by Judge Tanya Walton Pratt on 3/15/2022. (AKH) (Entered: 03/15/2022)

RECAP
38 March 24, 2022

APPENDIX of Exhibits in Support of Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction by A. C.. (Attachments: # 1 Exhibit Dr. Fortenberry Deposition, # 2 Exhibit M.C. Deposition, # 3 Exhibit Redacted Change of Name Order)(Falk, Kenneth) (Entered: 03/24/2022)

RECAP
39 March 24, 2022

REPLY in Support of Motion re 9 MOTION for Preliminary Injunction, filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 03/24/2022)

RECAP
40 April 8, 2022

MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 4/8/2022: Parties appeared by counsel. Attorney Falk presented argument on behalf of Plaintiff. Attorney Zimmerly presented argument on behalf of Defendants.This matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG) (Entered: 04/08/2022)

RECAP
41 April 11, 2022

NOTICE to the Court, filed by Plaintiff A. C. (Falk, Kenneth) (Entered: 04/11/2022)

RECAP
42 April 12, 2022

MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Zimmerly, Philip) (Entered: 04/12/2022)

RECAP
43 April 12, 2022

SEALED Exhibit 1 (Findings and Conclusions), re 42 Motion (Other), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Attachments: # 1 Exhibit 1 - Findings and Conclusions)(Zimmerly, Philip) (Entered: 04/12/2022)

RECAP
44 April 12, 2022

MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants - doc), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 04/12/2022)

RECAP
45 April 12, 2022

RESPONSE in Opposition re 42 MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel), filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 04/12/2022)

RECAP
46 April 14, 2022

REPLY in Support of Motion re 42 MOTION (Request for Court to Take Judicial Notice of State Court Order and Notice of Collateral Estoppel), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 04/14/2022)

RECAP
47 April 14, 2022

ORDER ON DEFENDANTS' REQUEST FOR COURT TO TAKE JUDICIAL NOTICE OF STATE COURT ORDER AND NOTICE OF COLLATERAL ESTOPPEL - This matter is before the Court on Defendants Metropolitan School District of Martinsville's and Principal of John R. Wo oden Middle School in his official capacity's Request for the Court to take Judicial Notice of State Court Order and Notice of Collateral Estoppel (Filing No. 42 ). The School District's Request is related to a pending Motion for Prelimin ary Injunction (Filing No. 9 ) from Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C. related to his Complaint seeking declaratory and injunctive relief for violations of Title IX and the Equal Protection Clause of t he Fourteenth Amendment (Filing No. 1 ). Defendants Metropolitan School District of Martinsville's and Principal of John R. Wooden Middle School in his official capacity's Request for the Court to Take Judicial Notice (Filing No. 42 ) i s GRANTED in part and DENIED in part. It is GRANTED in that the Court takes Judicial Notice of the Morgan Superior Court's Order, but the Notice of Collateral Estoppel is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 4/14/2022. (AKH)

Clearinghouse
48 April 26, 2022

BRIEF/MEMORANDUM in Support re 44 MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants - doc), filed by Defendant METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE. (Zimmerly, Philip) (Entered: 04/26/2022)

RECAP
49 April 27, 2022

ORDER granting 44 MOTION to Maintain Document Under Seal 43 SEALED Document (Case Participants - doc) . Signed by Magistrate Judge Matthew P. Brookman on 4/27/2022. (JRB) (Entered: 04/27/2022)

RECAP
50 April 29, 2022

ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - This matter is before the Court on a Motion for Preliminary Injunction filed by Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C. ("A.C."). (Fili ng No. 9 .) A.C. initiated this lawsuit against Defendants Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School in his official capacity seeking declaratory and injunctive relief for violations of Title IX and t he Equal Protection Clause of the Fourteenth Amendment. (Filing No. 1 .) A.C. seeks to enjoin the School District from restricting his use of male restrooms and requests that Defendants treat him as a male student in all respects. The overwhelming m ajority of federal courtsincluding the Court of Appeals for the Seventh Circuit have recently examined transgender education- discrimination claims under Title IX and concluded that preventing a transgender student from using a school restroom consi stent with the student's gender identity violates Title IX. This Court concurs. For the reasons stated above, A.C.'s Motion for Preliminary Injunction (Filing No. 9 ) is GRANTED. The School District shall permit A.C. to use any boys' restroom within John R. Wooden Middle School. (See Order). Signed by Judge Tanya Walton Pratt on 4/29/2022. (AKH)

Clearinghouse
51 May 2, 2022

ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 5/27/2022 at 10:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 5/2/2022.(JRB) (Entered: 05/02/2022)

RECAP
52 May 3, 2022

NOTICE OF APPEAL as to 50 Order on Motion for Preliminary Injunction, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Filing fee $505, receipt number AINSDC-7085668) (Zimmerly, Philip) (Entered: 05/03/2022)

RECAP
53 May 3, 2022

MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) (Entered: 05/03/2022)

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54 May 3, 2022

BRIEF/MEMORANDUM in Support re 53 MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited) Pending Appeal, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 05/03/2022)

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55 May 3, 2022

PARTIES' SHORT RECORD re 52 Notice of Appeal - Instructions for Attorneys/Parties attached. (KAA) (Entered: 05/03/2022)

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56 May 3, 2022

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 52 Notice of Appeal. - for Court of Appeals Use Only. (KAA) (Entered: 05/03/2022)

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57 May 4, 2022

ORDER DIRECTING EXPEDITED RESPONSE - This matter is before the Court on Defendants' Expedited Motion for Stay of Preliminary Injunction Pending Appeal (Dkt. 53 ). Plaintiff's response is due no later than May 10, 2022. Signed by Judge Tanya Walton Pratt on 5/4/2022.(AKH) (Entered: 05/04/2022)

RECAP
58 May 4, 2022

USCA Case Number 22-1786 for 52 Notice of Appeal filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (LBT) (Entered: 05/04/2022)

RECAP
59 May 6, 2022

SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL for proceedings held on 04/08/2022 before Judge Tanya Walton Pratt, re 52 Notice of Appeal (Zimmerly, Philip) (Entered: 05/06/2022)

RECAP
60 May 9, 2022

RESPONSE in Opposition re 53 MOTION to Stay re 50 Order on Motion for Preliminary Injunction (Expedited), filed by Plaintiff A. C.. (Falk, Kenneth) (Entered: 05/09/2022)

RECAP
61 May 16, 2022

ORDER DENYING 53 DEFENDANTS' EXPEDITED MOTION FOR STAY OF PRELIMINARY INJUNCTION PENDING APPEAL - This matter is before the Court on an Expedited Motion for Stay of Preliminary Injunction Pending Appeal filed by Defendants Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School in his official capacity (Filing No. 53 ). This action was initiated by Plaintiff A.C,. a minor child, by his next friend, mother and legal guardian, M.C., seeking declaratory and injunctive relief for violations of Title IX and the Equal Protection Clause of the Fourteenth Amendment. (Filing No. 1 .) On April 27, 2022, the Court granted A.C.'s Motion for Preliminary Injunction permitting him the right to use any boys' restroom within his middle school. (Filing No. 50 .) The School District now seeks to stay the Court's Order on that preliminary injunction pending its appeal to the Seventh Circuit. Defendants' Expedited Motion for Stay of Preliminary Injunction Pending Appeal, (Filing No. 53 ), is DENIED. (See Order). Signed by Judge Tanya Walton Pratt on 5/16/2022. (AKH) (Entered: 05/16/2022)

RECAP
63 May 17, 2022

TRANSCRIPT of Hearing on Preliminary Injunction held on 04/08/2022 before Judge Tanya Walton Pratt. (61 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/7/2022. Release of Transcript Restriction set for 8/15/2022. (Moxley, David) (Entered: 05/17/2022)

RECAP
64 May 17, 2022

NOTICE of FILING of OFFICIAL TRANSCRIPT of Hearing on Preliminary Injunction held before Judge Tanya Walton Pratt on 04/08/2022 (Moxley, David) (Entered: 05/17/2022)

RECAP
65 May 19, 2022

PRELIMINARY INJUNCTION - Pursuant to the Court's Order Granting Plaintiff A.C. a minor child, by his next friend, mother and legal guardian, M.C.'s Motion for Preliminary Injunction (Filing No. 50 ) and in compliance with Federal Rule of Civil Procedure 65(d)(1)(C), Defendants the Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School are hereby preliminary enjoined from stopping, preventing, or in any way interfering with A.C. freely using any boys' restroom located on or within the campus of John R. Wooden Middle School located in Martinsville, Indiana. No bond shall be required. Signed by Judge Tanya Walton Pratt on 5/19/2022.(AKH) **Emailed to USCA re #22-1786** Modified on 5/20/2022 (LBT). (Entered: 05/19/2022)

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66 May 20, 2022

Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff A. C. . (Pactor, Stevie) (Entered: 05/20/2022)

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67 May 27, 2022

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Initial Pretrial Conference held on 5/27/2022. Dispositive Motions due by 12/5/2022. Discovery due by 10/5/2022. Status Conference set for 8/4/2022 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 5/27/2022.(TMB) (Entered: 05/27/2022)

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68 June 10, 2022

NOTICE of Service of Initial Disclosures, filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 06/10/2022)

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69 June 10, 2022

NOTICE of Service of Initial Disclosures, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 06/10/2022)

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70 June 14, 2022

Exhibit List, Preliminary, filed by Plaintiff A. C., Witness List, Preliminary, filed by Plaintiff A. C.. (Pactor, Stevie) (Entered: 06/14/2022)

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71 June 24, 2022

Witness List Preliminary, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL, Exhibit List Preliminary, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Zimmerly, Philip) (Entered: 06/24/2022)

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72 July 19, 2022

SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE set for August 4, 2022, is hereby RESCHEDULED for AUGUST 3, 2022 at 11:00 a.m., Indianapolis time (EDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 7/19/2022.(JRB) (Entered: 07/19/2022)

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73 July 26, 2022

MOTION for Court to Take Judicial Notice of State Court Order, filed by Plaintiff A. C.. (Attachments: # 1 Exhibit Redacted order, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/26/2022)

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74 July 26, 2022

SEALED Document- Order on Verified Petition for Change of Gender, filed by Plaintiff A. C.. (Attachments: # 1 Exhibit Unredacted Order)(Falk, Kenneth) (Entered: 07/26/2022)

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75 July 26, 2022

MOTION to Seal Document 74 SEALED Document (Case Participants - doc), filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/26/2022)

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77 Aug. 3, 2022

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/3/2022. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 08/03/2022)

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78 Aug. 11, 2022

ORDER granting 75 MOTION to Seal Document 74 SEALED Document (Case Participants - doc) . Signed by Magistrate Judge Matthew P. Brookman on 8/11/2022. (JRB) (Entered: 08/11/2022)

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79 Aug. 15, 2022

Joint MOTION to Stay All Proceedings Pending Resolution of Appeal, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/15/2022)

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80 Aug. 15, 2022

ORDER - Plaintiff has filed his Request for Court to Take Judicial Notice of State Court Order. The Court being duly advised finds that good cause exists to GRANT the motion, and, IT IS THEREFORE ORDERED that this Court takes judicial notice of the Order of the Monroe Circuit Court VI that grants plaintiff a change of gender marker. Signed by Judge Tanya Walton Pratt on 8/15/2022. (AKH) (Entered: 08/15/2022)

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81 Aug. 16, 2022

ORDER STAYING PROCEEDINGS - The parties having filed 79 their Joint Motion to Stay All Proceedings Pending Resolution of Appeal, and the Court having read the motion, and being duly advised, finds that good cause exists to grant it. (See Order). Signed by Judge Tanya Walton Pratt on 8/16/2022. (AKH) (Entered: 08/17/2022)

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82 Oct. 28, 2022

MOTION to Withdraw Attorney Appearance, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Bensberg, Kathleen) (Entered: 10/28/2022)

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83 Oct. 31, 2022

ORDER granting 82 Motion to Withdraw Attorney Appearance. Attorney Kathleen Belle Bensberg withdrawn. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2022. (JRB) (Entered: 10/31/2022)

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84 April 5, 2023

NOTICE of Reassignment of Case to Magistrate Judge Tim A. Baker. Magistrate Judge Matthew P. brookman is no longer assigned to this case. Please include the new case number, 1:21-cv-2965-TWP-TAB, on all future filings in this matter. (JRB) (Entered: 04/05/2023)

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85 Aug. 9, 2023

ORDER ON AUGUST 9, 2023, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel August 9, 2023, for a telephonic status conference to address an issue that has arisen following the Seventh Circuit Court of Appeal's August 1, 2023, decision affirming this Court's preliminary injunction order. Despite this precedent allowing A.C. to use the boys' restroom in middle school, Defendants are contesting A.C.'s use of the boys' restroom now that he is beginning high school. Although the Court has stayed this matter [Filing No. 81] and the Seventh Circuit's mandate has not yet been filed with this Court, Plaintiff asked to be permitted to file a motion for a temporary restraining order extending the Court's prior ruling to the high school. Plaintiff is given leave to file any such motion, and upon doing so, Defendants will have 24 hours to file any response. (MGG) (Entered: 08/09/2023)

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86 Aug. 9, 2023

Emergency MOTION to Clarify Preliminary Injunction (Joint), filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Mayes, Jonathan) (Entered: 08/09/2023)

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87 Aug. 10, 2023

Entry Clarifying Preliminary Injunction - The parties having filed their Emergency Joint Motion to Clarify Preliminary Injunction, and the Court being duly advised, hereby clarifies the previously issued preliminary injunction (ECF No. 65 ) as follows. Defendants the Metropolitan School District of Martinsville and Principal of John R. Wooden Middle School are hereby preliminarily enjoined from stopping, preventing, or in any way interfering with A.C. freely using any boys' restroom located on or within the campus of John R. Wooden Middle School or any other school within the Metropolitan School District of Martinsville. Furthermore, ECF No. 85 is now moot. Signed by Judge Tanya Walton Pratt on 8/10/2023. (JSR) (Entered: 08/10/2023)

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88 Aug. 23, 2023

MANDATE of USCA as to 52 Notice of Appeal filed by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL (USCA #22-1786). The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (LF) (Entered: 08/23/2023)

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89 Sept. 6, 2023

ORDER SETTING TELEPHONIC STATUS CONFERENCE - This matter is set for a telephonic status conference at 11 a.m. on September 18, 2023, before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 9/6/23.(JRB) Modified on 9/14/2023 (MGG). (Entered: 09/06/2023)

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91 Sept. 18, 2023

ORDER ON SEPTEMBER 18, 2023, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel September 18, 2023, a telephonic status conference. Discussion held regarding case status and settlement. This cause is set for a telephonic status conference at 10:30 a.m. on November 14, 2023. Parties shall participate in this conference by counsel. The call-in instructions will be issued by separate order. The purpose of this conference is to discuss case status. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 09/18/2023)

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92 Oct. 24, 2023

ORDER VACATING TELEPHONIC STATUS CONFERENCE - The Court, on its own motion, vacates the telephonic status conference set for 10:30 a.m. on November 14, 2023. Signed by Magistrate Judge Tim A. Baker on 10/24/2023.(LBT) (Entered: 10/24/2023)

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93 Dec. 8, 2023

ENTRY - On August 23, 2023, the United States Court of Appeals for the Seventh Circuit issued its Mandate which affirmed the judgment of the District Court. (Filing No. 88). Thereafter, on October 11, 2023, a Petition for a Writ of Certiorari was filed with the Supreme Court of the United States, and was placed on the Supreme Court docket October 13, 2023, as No. 23-392. However, a review of the docket in the Seventh Circuit Court of Appeals does not reflect that a request for stay of the mandate in this case has been made or granted. (See No. 22-1786). The Mandate therefore remains in effect, and this case remains active on this district court docket. In addition, the parties failed to comply with Local Rule 16-2, which required the parties shall file their position statement within 21 days following issuance of a Mandate. By no later than December 15, 2023, the parties are ordered to comply with Local Rule 16-2; or provide notice of compliance with Federal Rule of Appellate Procedure 41(d)(2). Signed by Judge Tanya Walton Pratt on 12/8/2023. (CKM) (Entered: 12/08/2023)

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94 Dec. 12, 2023

Joint MOTION to Stay (Continued) Pending Resolution of Supreme Court Proceedings, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order Continuing Stay)(Zimmerly, Philip) (Entered: 12/12/2023)

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95 Dec. 13, 2023

ORDER granting 94 Joint Motion for Continued Stay of Proceedings Pending Resolution of Proceedings before United States Supreme Court. IT IS THEREFORE ORDERED that all matters in this case will remain stayed until 30 days after the resolution of Metropolitan School District of Martinsville v. A.C., United States Supreme Court Case No. 23-392. Signed by Judge Tanya Walton Pratt on 12/13/2023. (TPS) (Entered: 12/14/2023)

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96 Feb. 15, 2024

STATUS REPORT and Motion for Extension of Time (Joint) by METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL. (Attachments: # 1 Text of Proposed Order)(Zimmerly, Philip) Modified on 2/16/2024 (TRG). (Entered: 02/15/2024)

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97 Feb. 16, 2024

ORDER GRANTING EXTENSION OF TIME 96 - The Parties having filed a Status Report and a Motion for Extension of Time to File a Proposed Case Management Plan, and the Court having reviewed and considered the same, hereby grants the Motion. [Filing No. 96.] IT IS THEREFORE ORDERED that the Parties shall file a proposed case management plan no later than February 23, 2024. Signed by Magistrate Judge Tim A. Baker on 02/16/2024. (AJG) (Entered: 02/16/2024)

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98 Feb. 22, 2024

Amended CASE MANAGEMENT PLAN TENDERED, filed by Defendants METROPOLITAN SCHOOL DISTRICT OF MARTINSVILLE, PRINCIPAL, JOHN R. WOODEN MIDDLE SCHOOL . (Zimmerly, Philip) (Entered: 02/22/2024)

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99 Feb. 26, 2024

ORDER: AMENDED CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 1/16/2025. Discovery due by 11/18/2024. Telephonic Status Conference set for 7/29/2024 at 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 2/26/2024.(LBT) Modified on 2/27/2024 to correct typo in DMD(TRG). (Entered: 02/26/2024)

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100 Feb. 28, 2024

SCHEDULING ORDER - The dispositive motions deadline is now 7/10/2024. A Final Pretrial Conference is set for 2/12/2025 at 9:00 AM (Eastern Time) in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The final pretrial conference is for attorneys only. A Jury Trial is set for 3/10/2025 at 9:00 AM (Eastern Time) in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Counsel shall review the Court's Courtroom Procedures and Trial Practice. The parties should confer and contact the Magistrate Judge if any Case Management deadlines need adjustment based on this scheduling order. (See Order.) Signed by Judge Tanya Walton Pratt on 2/28/2024. (JSR) (Entered: 02/29/2024)

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101 Feb. 28, 2024

COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (JSR) (Entered: 02/29/2024)

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102 March 13, 2024

Unopposed MOTION for Extension of Time to April 2, 2024 to Respond to Discovery, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/13/2024)

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103 March 13, 2024

Unopposed MOTION for Extension of Time to April 12, 2024 to Move to Amend the Pleadings and/or to Join an Additional Party, filed by Plaintiff A. C.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/13/2024)

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104 March 15, 2024

ORDER granting Plaintiff's 102 Motion for Extension of Time to respond to discovery to 4/2/2024. Signed by Magistrate Judge Tim A. Baker on 3/15/2024. (SWM) (Entered: 03/15/2024)

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105 March 15, 2024

ORDER granting Plaintiff's 103 Motion for Extension of Time to Amend the Pleadings and/or to Join an Additional Party to 4/12/2024. Signed by Magistrate Judge Tim A. Baker on 3/15/2024. (SWM) (Entered: 03/15/2024)

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Case Details

State / Territory:

Indiana

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: Dec. 3, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender boy attending school who was being prevented from using the boys' bathrooms.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Metropolitan School District of Martinsville

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Indiana 1:21-cv-02965

U.S. Court of Appeals for the Seventh Circuit 22-01786

Supreme Court of the United States 23-392

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General/Misc.:

Bathrooms

Education

School/University Facilities

School/University policies

Discrimination Area:

Harassment / Hostile Work Environment

Sports

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+

Transgender: Sports

Recommended Citation