Case: Mahmoud v. Taylor (formerly McKnight)

8:23-cv-01380 | U.S. District Court for the District of Maryland

Filed Date: May 23, 2023

Closed Date: Feb. 19, 2026

Clearinghouse coding complete

Case Summary

This is a case about whether a public school system could require elementary-school children to participate in instruction involving LGBTQ-inclusive books without giving religious parents advance notice or a chance to opt out.  On May 24, 2023, several Montgomery County parents filed this individual lawsuit in the United States District Court for the District of Maryland before District Judge Deborah L. Boardman. They sued the Montgomery County Board of Education, Superintendent, and board memb…

This is a case about whether a public school system could require elementary-school children to participate in instruction involving LGBTQ-inclusive books without giving religious parents advance notice or a chance to opt out. 

On May 24, 2023, several Montgomery County parents filed this individual lawsuit in the United States District Court for the District of Maryland before District Judge Deborah L. Boardman. They sued the Montgomery County Board of Education, Superintendent, and board members in their official capacities. Represented by private counsel, the parents sought declaratory and injunctive relief, nominal and actual damages, and attorneys’ fees under 42 U.S.C. § 1988. They alleged violations of the Free Exercise Clause, Free Speech Clause, and Fourteenth Amendment Due Process Clause parental-rights theory under 42 U.S.C. § 1983, along with Maryland-law claims, after the Board’s March 23, 2023 policy change ended notice and opt-out practices for the challenged instruction.

The suit grew out of Montgomery County Public Schools’ adoption of LGBTQ-inclusive books for elementary grades and the Board’s decision to stop honoring opt-out requests after initially allowing them. The parents moved for a preliminary injunction on June 12, 2023, and later filed an amended complaint on July 6, 2023, adding Kids First, an unincorporated association of parents and teachers, as a plaintiff. After a hearing on August 9, 2023, Judge Boardman denied preliminary relief. 688 F. Supp. 3d 265 (D. Md. 2023). She concluded that, on the record then before her, the parents had not shown the no-opt-out policy likely coerced them or their children to violate their religious beliefs, so their free-exercise theory was not likely to succeed. She also held that their substantive-due-process theory did not warrant preliminary relief. The same day, the court entered an order denying the motion and denying an injunction pending appeal.

The parents took an interlocutory appeal, sought emergency relief pending appeal, and the Fourth Circuit expedited the case while the district court stayed further proceedings. On May 15, 2024, after argument on December 5, 2023, the Fourth Circuit affirmed the District Court’s opinion. 102 F.4th 191 (4th Cir. 2024). The panel majority, in an opinion by Judge Agee joined by Judge Benjamin, held that the parents had not yet shown the sort of direct or indirect coercion required for a likely Free Exercise violation, emphasizing that the record did not show the LGBTQ+ books were being used in a way that pressured parents or children to abandon or act against their faith. Judge Quattlebaum dissented, concluding the parents had likely shown a burden on religious exercise.

The case then moved to the U.S. Supreme Court. The cert petition was filed on September 12, 2024; certiorari was granted on January 17, 2025; the case was argued on April 22, 2025; and on June 27, 2025, the Court reversed, 6-3. 606 U.S. 522 (2025). Justice Alito wrote for the Court, joined by Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett; Justice Thomas concurred; and Justice Sotomayor dissented, joined by Justices Kagan and Jackson. 

The Court held that the parents were entitled to a preliminary injunction because the school board’s no-opt-out policy likely burdened their Free Exercise rights. The majority said the LGBTQ+ books and teacher guidance were not just exposing children to ideas; they conveyed and reinforced views on marriage and gender in a way that could substantially interfere with parents’ religious upbringing of their children. Relying on Wisconsin v. Yoder, which had held that government policies violate parents’ Free Exercise rights when the policies substantially interfere with parents’ ability to guide their children’s religious development, the Court applied strict scrutiny and found the board had not justified denying notice and opt-outs. Under the injunction, parents would receive notice on what stories are being read to children and when and would give parents the right to pull their child from class when they had a religious objection to a storybook.

In the concurrence, Justice Thomas agreed fully but emphasized that parental control over children’s religious upbringing is deeply rooted in American history and tradition. He viewed the case as another example of a school trying to impose ideological conformity on young children without respecting parents’ religious rights. The dissent argued this was only exposure to ideas, not unconstitutional coercion. In its view, the children were not forced to affirm the books’ messages, and the majority misread Yoder, which involved a much more serious intrusion. Justice Sotomayor warned that the ruling could trigger broad challenges to ordinary public-school curriculum choices.

On remand, the case ended with a settlement embodied in a court order. On February 19, 2026, the district court entered a Consented Entry of Judgment and Permanent Injunction. That judgment entered final relief for the plaintiffs on Count I alone—the Free Exercise “religious upbringing of children” claim—made the injunction effective immediately, dismissed Counts II-VI with prejudice, and retained jurisdiction to enforce the judgment and resolve fee issues under a separate agreement. The permanent injunction required advance notice whenever one of the challenged books or a similar book would be used, and it allowed the plaintiffs’ children to be excused from that instruction; the order also described a notice mechanism based on grade-level email disclosures of core and supplemental materials, identification of materials addressing family-life and human-sexuality objectives, and directions to schools and teachers to provide accurate timing information when parents asked. The case was closed.

Summary Authors

Jacob Chang (4/6/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67422902/parties/mahmoud-v-mcknight/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Alvare, Helen M.

Amunson, Jessica Ring

Anderson, Kristy Kay

Arkles, Z. Gabriel

Bailey, Andrew

Other

Alvare, Helen M.

Amunson, Jessica Ring

Anderson, Kristy Kay

Arkles, Z. Gabriel

Bailey, Andrew

Bird, Brenna

Blackwell, Geoffrey Thomas

Bonauto, Mary Lisa

Bursch, John J.

Buseck, Gary

Cambier, Adam M.

Cameron, Daniel

Carr, Christopher M.

Castillo, Paul D.

Claybrook, Frederick W.

Collis, Steven Timothy

Colmenero, Angela

Connolly, John Michael

Crawford, Cynthia Fleming

Cypher, Elspeth Benten

Dalia, David Anthony

Davidoff, Amanda F.

Davids, James Alan

Dewart, Deborah Jane

Drummond, Gentner

Dugan, James Connolly

Duncan, William C.

Esq., Heather Lynn

Farris, Michael P.

Fitch, Lynn

Fitschen, Steven W.

Ford, Aaron D.

Freedman, John Arak

Frey, Aaron M.

Frietsche, Susan J.

Fruitwala, Aditi

Fuller, Marc Aaron

Gallagher, Kevin Michael

General, Charity R.

General, William Tong,

General, Andrea Joy

General, Anthony G.

General, Dana Nessel,

General, Keith Ellison,

General, Matthew J.

General, Ellen F.

General, Michelle A.

General, Peter F.

General, Kwame Raoul,

General, Joshua Morris

General, Robert W.

George, Robert P.

Griffin, Tim

Grover, Samuel Troxell

Gunnarson, Richard Shawn

Gutkin, Jeffrey M.

Hasson, Mary Rice

Hilgers, Michael T.

Holinger, Christopher Theodore

Hudson, Eric Alan

Jackley, Marty J.

Jaffe, Erik S.

James, Letitia

Jennings, Kathleen

Jeon, Deborah

Jr., Donald A. Daugherty

Jr., Frederick W. Claybrook

Jr., Thomas L. Brejcha

Kamenshine, Robert D

Katon, Glenn Michael

Kniffin, Eric Nieuwenhuis

Knudsen, Austin

Kobach, Kris W.

Labrador, Raul R.

Landry, Jeff

Lewin, Nathan

Loewy, Karen Lee

Lopez, Anne E.

Mach, Daniel

Malhotra, Urvashi

Marshall, Steve

Matz, Joshua Adam

McAlister, Mary Elizabeth

McNett, Keira Marie

Miller-Ziegler, Rachel Gabrielle

Mills, Christopher Ernest

Minter, Shannon Price

Miyares, Jason S.

Moody, Ashley B.

Moore, Roy Stewart

Morgan, Kerry Lee

Morrisey, Patrick

O'Brien, Alice

Olson, William Jeffrey

Poppen, Joseph James

Reily, Cason J.B.

Reyes, Sean

Rhoads, Natalie Carter

Richardson, Daniel James

Rivera, Paul R.

Rocah, David Robert

Sauer, D. John

Schaerr, Gene Clayton

Schiff, Rachel M.

Schowengerdt, Dale Michael

Schwalb, Brian Lawrence

Segal, Joshua Morris

Sekulow, Jay Alan

Shapiro, Ilya

Slugh, Howard Nathan

Smith, Catherine E.

Staver, Mathew D.

Steinman, Linda Jane

Stoll, Christopher F.

Taylor, Treg R.

Treene, Eric W.

Trevor, Reece

VerGow, Meaghan Elizabeth McLaine

Walta, Jason

Weber, Walter M.

Wenger, Edward Mark

Wenger, Randall L.

Wheat, John Marc

White, Helen E.

Wilkinson, Phillip Hoyt

Williams, Michael Ray

Wilson, Alan

Wright, Frank J.

Wrigley, Drew H.

Yost, Dave

Zaretsky, Alexandra Dorothy

Documents in the Clearinghouse

Documents in this case
1

8:23-cv-01380

Verified Complaint

Mahmoud v. McKnight

May 24, 2023

May 24, 2023

Complaint
36

8:23-cv-01380

Verified First Amended Complaint

Mahmoud v. McKnight

July 6, 2023

July 6, 2023

Complaint
59

8:23-cv-01380

Memorandum Opinion

Mahmoud v. McKnight

Aug. 24, 2023

Aug. 24, 2023

Order/Opinion

688 F.Supp.3d 265

120

23-1890

Opinion

Mahmoud v. McKnight

U.S. Court of Appeals for the Fourth Circuit

May 15, 2024

May 15, 2024

Order/Opinion

102 F.4th 191

24-00297

Appendix

Sept. 12, 2024

Sept. 12, 2024

24-00297

Petition

Sept. 12, 2024

Sept. 12, 2024

24-00297

Certiorari To The United States Court Of Appeals For The Fourth Circuit

Mahmoud et al. v. Taylor et al.

Supreme Court of the United States

April 22, 2025

April 22, 2025

Order/Opinion
111

8:23-cv-01380

Consented Entry of Judgment and Permanent Injunction

Mahmoud v. Taylor

Feb. 19, 2026

Feb. 19, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67422902/mahmoud-v-mcknight/

Last updated April 6, 2026, 10:50 a.m.

ECF Number Date Description Link
1 May 24, 2023

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AMDDC-10616964.), filed by M. P., Enas Barakat, Tamer Mahmoud, Melissa Persak, Jeff Roman, E. P., Svitlana Roman, Chris Persak. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit J, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Summons)(Mehigan, James) Modified on 6/9/2023 (bas, Deputy Clerk). (Entered: 05/24/2023)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit J

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10 Exhibit H

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11 Exhibit I

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Summons

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Clearinghouse
2 May 24, 2023

UNREDACTED DOCUMENT (Attachments: # 1 Civil Cover Sheet)(Mehigan, James) (Entered: 05/24/2023)

RECAP
3 May 24, 2023

MOTION to Omit Home Addresses from Complaint by Enas Barakat, Tamer Mahmoud, E. P., M. P., Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mehigan, James) (Entered: 05/24/2023)

1 Memorandum in Support

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2 Text of Proposed Order

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RECAP
4 May 24, 2023

MOTION to Appear Pro Hac Vice for William J. Haun (Filing fee $100, receipt number AMDDC-10617237.) by Enas Barakat, Tamer Mahmoud, E. P., M. P., Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Mehigan, James) (Entered: 05/24/2023)

RECAP
5 May 24, 2023

MOTION to Appear Pro Hac Vice for Brandon L. Winchel (Filing fee $100, receipt number AMDDC-10617309.) by Enas Barakat, Tamer Mahmoud, E. P., M. P., Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Mehigan, James) (Entered: 05/24/2023)

RECAP
6 May 24, 2023

MOTION to Appear Pro Hac Vice for Michael J. O'Brien (Filing fee $100, receipt number AMDDC-10617334.) by Enas Barakat, Tamer Mahmoud, E. P., M. P., Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Mehigan, James) (Entered: 05/24/2023)

RECAP
7 May 24, 2023

QC NOTICE: 4 Motion to Appear Pro Hac Vice filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 05/24/2023)

RECAP
8 May 24, 2023

QC NOTICE: 5 Motion to Appear Pro Hac Vice filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 05/24/2023)

RECAP
9 May 24, 2023

QC NOTICE: 6 Motion to Appear Pro Hac Vice filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 05/24/2023)

RECAP
10 May 24, 2023

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Gina L. Simms. Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman or counsel for Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here. Pursuant to Standing Order 2019-07, which can be downloaded here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/7/2023. (bas, Deputy Clerk) (Entered: 05/25/2023)

RECAP
11 May 24, 2023

Case Management Order. Signed by Magistrate Judge Gina L Simms on 5/24/2023. (bas, Deputy Clerk) (Entered: 05/25/2023)

RECAP
12 May 25, 2023

Summons Issued 21 days as to Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang.(bas, Deputy Clerk) (Entered: 05/25/2023)

RECAP
May 25, 2023

Case Assigned/Reassigned

May 25, 2023

Case Reassigned to Magistrate Judge Gina L Simms. Magistrate Judge Timothy J. Sullivan no longer assigned to the case. (kos, Deputy Clerk)

13 May 26, 2023

Consent/Decline to Proceed Before a US Magistrate Judge. (Entered: 05/26/2023)

RECAP
May 26, 2023

Case Reassigned to Judge Deborah L. Boardman. Magistrate Judge Gina L Simms no longer assigned to the case. (chs, Deputy Clerk)

May 26, 2023

Case Assigned/Reassigned

14 May 31, 2023

CORRECTED MOTION to Appear Pro Hac Vice for William J. Haun by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. The fee has already been paid.(Mehigan, James) (Entered: 05/31/2023)

RECAP
15 May 31, 2023

CORRECTED MOTION to Appear Pro Hac Vice for Michael J. O'Brien by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. The fee has already been paid.(Mehigan, James) (Entered: 05/31/2023)

RECAP
16 May 31, 2023

CORRECTED MOTION to Appear Pro Hac Vice for Brandon L. Winchel by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. The fee has already been paid.(Mehigan, James) (Entered: 05/31/2023)

RECAP
17 May 31, 2023

QC NOTICE: 14 Corrected Motion to Appear Pro Hac Vice filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman needs to be modified. See attachment for details and corrective actions needed regarding missing or incomplete information. (mh4s, Deputy Clerk) (Entered: 05/31/2023)

RECAP
18 May 31, 2023

PAPERLESS ORDER granting 15 Corrected Motion to Appear Pro Hac Vice on behalf of Michael J. O'Brien. Directing attorney Michael J. O'Brien to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/31/2023. (mh4s, Deputy Clerk) (Entered: 05/31/2023)

RECAP
19 May 31, 2023

PAPERLESS ORDER granting 16 Corrected Motion to Appear Pro Hac Vice on behalf of Brandon L. Winchel. Directing attorney Brandon L. Winchel to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/31/2023. (mh4s, Deputy Clerk) (Entered: 05/31/2023)

RECAP
20 May 31, 2023

CORRECTED MOTION to Appear Pro Hac Vice for William J. Haun by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. The fee has already been paid.(Mehigan, James) (Entered: 05/31/2023)

RECAP
21 May 31, 2023

PAPERLESS ORDER granting 20 Corrected Motion to Appear Pro Hac Vice on behalf of William J. Haun. Directing attorney William J. Haun to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/31/2023. (mh4s, Deputy Clerk) (Entered: 05/31/2023)

RECAP
22 June 6, 2023

WAIVER OF SERVICE Returned Executed by Melissa Persak, Jeff Roman, Enas Barakat, Tamer Mahmoud, Svitlana Roman, Chris Persak. All Defendants.(Haun, William) (Entered: 06/06/2023)

RECAP
23 June 12, 2023

MOTION for Preliminary Injunction by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman (Attachments: # 1 Memorandum in Support, # 2 Attachment Declaration (Mahmoud & Barakat), # 3 Attachment Declaration (Roman), # 4 Attachment Declaration (Persak), # 5 Attachment Declaration (Baxter), # 6 Text of Proposed Order)(Haun, William) (Entered: 06/12/2023)

1 Memorandum in Support

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2 Attachment Declaration (Mahmoud & Barakat)

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3 Attachment Declaration (Roman)

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4 Attachment Declaration (Persak)

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5 Attachment Declaration (Baxter)

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6 Text of Proposed Order

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RECAP
24 June 16, 2023

NOTICE of Appearance by Thomas Bredar on behalf of Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang (Bredar, Thomas) (Entered: 06/16/2023)

RECAP
25 June 16, 2023

MOTION to Appear Pro Hac Vice for Bruce M. Berman (Filing fee $100, receipt number AMDDC-10658939.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 06/16/2023)

RECAP
26 June 16, 2023

MOTION to Appear Pro Hac Vice for Alan E. Schoenfeld (Filing fee $100, receipt number AMDDC-10658947.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 06/16/2023)

RECAP
27 June 16, 2023

Local Rule 103.3 Disclosure Statement by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang (Bredar, Thomas) (Entered: 06/16/2023)

RECAP
28 June 16, 2023

Joint MOTION for Extension of Time Regarding Briefing Schedule for Preliminary Injunction Motion by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 06/16/2023)

RECAP
29 June 16, 2023

PAPERLESS ORDER granting 28 Motion for Extension of Time. Defendants shall respond to Plaintiffs' Motion for Preliminary Injunction 23 by July 12, 2023, and Plaintiffs shall file a reply in support of their Motion for Preliminary Injunction by July 26, 2023. Signed by Judge Deborah L. Boardman on 6/16/2023. (lmys, Chambers) (Entered: 06/16/2023)

RECAP
30 June 20, 2023

PAPERLESS ORDER scheduling a preliminary injunction hearing regarding ECF 23 for August 9, 2023 at 10 a.m. in Courtroom 4A. Signed by Judge Deborah L. Boardman on 6/20/2023. (lmys, Chambers) (Entered: 06/20/2023)

RECAP
31 June 21, 2023

PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Bruce M Berman. Directing attorney Bruce M Berman to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 6/21/2023. (mh4s, Deputy Clerk) (Entered: 06/21/2023)

RECAP
32 June 22, 2023

PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Alan E Schoenfeld. Directing attorney Alan E Schoenfeld to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 6/22/2023. (mh4s, Deputy Clerk) (Entered: 06/22/2023)

RECAP
33 June 30, 2023

NOTICE of Appearance by Eric S Baxter on behalf of All Plaintiffs (Baxter, Eric) (Entered: 06/30/2023)

RECAP
34 June 30, 2023

MOTION to Withdraw as Attorney by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman (Attachments: # 1 Text of Proposed Order Proposed Order)(Mehigan, James) (Entered: 06/30/2023)

RECAP
35 July 6, 2023

ORDER Granting 34 Motion to Withdraw as Attorney. Attorney James Charles Mehigan terminated. Signed by Judge Deborah L. Boardman on 7/6/2023. (bas, Deputy Clerk) (Entered: 07/06/2023)

RECAP
36 July 6, 2023

AMENDED COMPLAINT against All Defendants, filed by Melissa Persak, Jeff Roman, Enas Barakat, Tamer Mahmoud, Svitlana Roman, Chris Persak. (Attachments: # 1 Attachment Amended Complaint Redline)(Baxter, Eric) (Entered: 07/06/2023)

1 Attachment Amended Complaint Redline

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Clearinghouse
37 July 6, 2023

Joint MOTION and Proposed Order Regarding Briefing Schedule for Defendants' Motion to Dismiss by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 07/06/2023)

RECAP
38 July 11, 2023

PAPERLESS ORDER granting 37 consent motion to extend briefing schedule. Defendants' motion to dismiss is due 14 days after the Court issues a decision on Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Deborah L. Boardman on 7/11/2023. (lmys, Chambers) (Entered: 07/11/2023)

RECAP
39 July 12, 2023

MOTION to Appear Pro Hac Vice for Emily Barnet (Filing fee $100, receipt number AMDDC-10704159.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 07/12/2023)

RECAP
40 July 12, 2023

MOTION to Appear Pro Hac Vice for Cassandra A. Mitchell (Filing fee $100, receipt number AMDDC-10704160.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 07/12/2023)

RECAP
41 July 12, 2023

MOTION to Appear Pro Hac Vice for Jeremy W. Brinster (Filing fee $100, receipt number AMDDC-10704161.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 07/12/2023)

RECAP
42 July 12, 2023

RESPONSE in Opposition re 23 MOTION for Preliminary Injunction filed by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang. (Attachments: # 1 Declaration of Niki T. Hazel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(Bredar, Thomas) (Entered: 07/12/2023)

1 Declaration of Niki T. Hazel

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Text of Proposed Order

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RECAP
43 July 13, 2023

NOTICE by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang re 42 Response in Opposition to Motion, Corrected Declaration of Niki T. Hazel (Bredar, Thomas) (Entered: 07/13/2023)

RECAP
44 July 13, 2023

PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice on behalf of Emily Barnet. Directing attorney Emily Barnet to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/13/2023. (mh4s, Deputy Clerk) (Entered: 07/13/2023)

RECAP
45 July 13, 2023

PAPERLESS ORDER granting 40 Motion to Appear Pro Hac Vice on behalf of Cassandra A. Mitchell. Directing attorney Cassandra A. Mitchell to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/13/2023. (mh4s, Deputy Clerk) (Entered: 07/13/2023)

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46 July 13, 2023

PAPERLESS ORDER granting 41 Motion to Appear Pro Hac Vice on behalf of Jeremy W. Brinster. Directing attorney Jeremy W. Brinster to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/13/2023. (mh4s, Deputy Clerk) (Entered: 07/13/2023)

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47 July 26, 2023

REPLY to Response to Motion re 23 MOTION for Preliminary Injunction filed by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. (Attachments: # 1 McCaw Declaration, # 2 Garti Declaration)(Baxter, Eric) (Entered: 07/26/2023)

1 McCaw Declaration

View on RECAP

2 Garti Declaration

View on RECAP

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48 Aug. 7, 2023

NOTICE by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang of Supplemental Authority in Support of Defendants' Opposition to Motion for Preliminary Injunction 42 (Schoenfeld, Alan) (Entered: 08/07/2023)

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49 Aug. 8, 2023

AFFIDAVIT re 47 Reply to Response to Motion, of Eric Baxter by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman (Attachments: # 1 Exhibit 1)(Baxter, Eric) (Entered: 08/08/2023)

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50 Aug. 9, 2023

Motion Hearing held on 8/9/2023 re 23 MOTION for Preliminary Injunction filed by Plaintiffs - Argued - TAKEN UNDER ADVISEMENT; Oral Motion of Plaintiffs to Grant a Stay Pending Appeal under F.R.App.P. Rule 8, if the Court denies the Motion - also TAKEN UNDER ADVISEMENT, all for the reasons stated on the record by Judge Deborah L. Boardman. (Court to enter written opinion/order) (Court Reporter: Patricia Klepp) (tds, Deputy Clerk) (Entered: 08/09/2023)

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51 Aug. 10, 2023

NOTICE by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman of Supplemental Authority in Support of Motion for Preliminary Injunction (Baxter, Eric) (Entered: 08/10/2023)

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52 Aug. 11, 2023

AFFIDAVIT re 47 Reply to Response to Motion, of Grace Morrison by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 08/11/2023)

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53 Aug. 14, 2023

PAPERLESS ORDER allowing the defendants to respond to the plaintiffs' Notice of Supplemental Authority 51 and the Declaration of Grace Morrison 52 by Tuesday, August 15, 2023. Signed by Judge Deborah L. Boardman on 8/14/2023. (rhs, Chambers) (Entered: 08/14/2023)

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54 Aug. 15, 2023

RESPONSE re 52 Affidavit, 51 Notice (Other) filed by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang.(Schoenfeld, Alan) (Entered: 08/15/2023)

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55 Aug. 16, 2023

AFFIDAVIT re 47 Reply to Response to Motion, of Eric Baxter by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Baxter, Eric) (Entered: 08/16/2023)

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56 Aug. 16, 2023

-[FILED IN ERROR, per Atty's Request]- RESPONSE re 54 Response, to Plaintiffs' Notice of Supplemental Authority filed by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman.(Baxter, Eric) Modified on 8/17/2023 (bas, Deputy Clerk). (Entered: 08/16/2023)

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57 Aug. 16, 2023

RESPONSE re 54 Response, to Plaintiffs' Notice of Supplemental Authority filed by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman.(Baxter, Eric) (Entered: 08/16/2023)

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58 Aug. 24, 2023

MOTION to Withdraw as Attorney by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Winchel, Brandon) (Entered: 08/24/2023)

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59 Aug. 24, 2023

MEMORANDUM OPINION. Signed by Judge Deborah L. Boardman on 8/24/2023. (kb3s, Deputy Clerk) (Entered: 08/24/2023)

Clearinghouse
60 Aug. 24, 2023

ORDER denying 23 Motion for Preliminary Injunction. Signed by Judge Deborah L. Boardman on 8/24/2023. (kb3s, Deputy Clerk) (Entered: 08/24/2023)

Clearinghouse
61 Aug. 25, 2023

Marginal ORDER APPROVING 58 Motion to Withdraw as Attorney. Attorney Brandon L. Winchel terminated. Signed by Judge Deborah L. Boardman on 8/25/2023. (hmls, Deputy Clerk) (Entered: 08/25/2023)

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62 Aug. 25, 2023

NOTICE OF APPEAL as to 59 Memorandum Opinion by Enas Barakat, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman. Filing fee $ 505, receipt number AMDDC-10784480.(Baxter, Eric) (Entered: 08/25/2023)

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63 Aug. 28, 2023

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 62 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(kos, Deputy Clerk) (Entered: 08/28/2023)

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64 Aug. 28, 2023

USCA Case Number 23-1890 for 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman. Case Manager - Rickie Edwards (kos, Deputy Clerk) (Entered: 08/28/2023)

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65 Aug. 28, 2023

TRANSCRIPT ORDER ACKNOWLEDGMENT by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman for proceedings held on 8/9/23 before Judge Deborah L. Boardman, Transcript due by 11/3/2023. (Court Reporter: Patricia Klepp)(kos, Deputy Clerk) (Entered: 08/28/2023)

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66 Sept. 4, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 8/9/23, Preliminary Injunction Hearing, before Judge Deborah L. Boardman, re 62 Notice of Appeal Court Reporter/Transcriber Patricia Klepp, Telephone number 3013443228. 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 from the Court Reporter or through PACER. Does this satisfy all appellate orders for this reporter? - Y. Redaction Request due 9/25/2023. Redacted Transcript Deadline set for 10/5/2023. Release of Transcript Restriction set for 12/4/2023.(pk4, Court Reporter) (Entered: 09/04/2023)

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67 Sept. 5, 2023

Joint MOTION to Stay Proceedings Pending Interlocutory Appeal by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 09/05/2023)

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68 Sept. 5, 2023

PAPERLESS ORDER granting 67 Motion to Stay. This order stays all proceedings in this Court, including but not limited to the defendants' deadline tomove to dismiss the Complaint, until the Court of Appeals issues its mandate resolving the plaintiffs' appeal from this Court's memorandum opinion and order denying the plaintiffs' Motion for Preliminary Injunction. Signed by Judge Deborah L. Boardman on 9/5/2023. (lmys, Chambers) (Entered: 09/05/2023)

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69 Sept. 29, 2023

ORDER of USCA "DENYING" Motion for injunctive relief pending appeal as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman (av4s, Deputy Clerk) (Entered: 10/02/2023)

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70 Oct. 20, 2023

ORDER of USCA "Granting" motion to withdraw Annie Chiang as counsel as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman (av4s, Deputy Clerk) (Entered: 10/26/2023)

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71 March 25, 2024

ORDER of USCA GRANTING motion by Andrew N. Ferguson to withdraw from further representation on appeal as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman (av4s, Deputy Clerk) (Entered: 03/26/2024)

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72 May 15, 2024

JUDGMENT of USCA AFFIRMING the decision of the District Court as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman (Attachments: # 1 Opinion)(av4s, Deputy Clerk) (Entered: 05/15/2024)

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73 June 6, 2024

MANDATE of USCA issued as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman, Svitlana Roman (av4s, Deputy Clerk) (Entered: 06/06/2024)

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74 June 17, 2024

Joint MOTION to Continue /Resume Proceedings and Set Deadlines by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 06/17/2024)

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75 June 20, 2024

PAPERLESS ORDER granting 74 Motion to Continue. The defendants' response to the plaintiffs' amended complaint is due July 18, 2024; a joint proposed scheduling order is due July 31, 2024. Signed by Judge Deborah L. Boardman on 6/20/2024. (lmys, Chambers) (Entered: 06/20/2024)

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76 July 11, 2024

PAPERLESS ORDER granting 3 the unopposed motion to omit the parties' addresses from the complaint because the compelling privacy and safety concerns of the parties and the plaintiffs' minor children outweigh the limited public interest in the information. Signed by Judge Deborah L. Boardman on 7/11/2024. (lmys, Chambers) (Entered: 07/11/2024)

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77 July 18, 2024

MOTION to Appear Pro Hac Vice for Thad Eagles (Filing fee $100, receipt number AMDDC-11381512.) by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang(Bredar, Thomas) (Entered: 07/18/2024)

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78 July 18, 2024

MOTION to Dismiss 36 Amended Complaint by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bredar, Thomas) (Entered: 07/18/2024)

RECAP
79 July 22, 2024

PAPERLESS ORDER granting 77 Motion to Appear Pro Hac Vice on behalf of Thad Eagles. Directing attorney Thad Eagles to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/22/2024. (mh4s, Deputy Clerk) (Entered: 07/22/2024)

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80 July 26, 2024

Joint MOTION for Extension of Time to File Response/Reply by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 07/26/2024)

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81 July 29, 2024

PAPERLESS ORDER granting Joint MOTION for Extension of Time to File Response/Reply . The plaintiffs' response to the motion To dismiss 78 is due August 30, 2024, and the defendants' reply is due September 27, 2024. Signed by Judge Deborah L. Boardman on 7/29/2024. (lmys, Chambers) (Entered: 07/29/2024)

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82 July 31, 2024

STATUS REPORT Jointly Filed on Behalf of All Parties by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 07/31/2024)

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83 Aug. 8, 2024

LETTER ORDER. Signed by Judge Deborah L. Boardman on 8/8/2024. (bas, Deputy Clerk) (Entered: 08/08/2024)

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84 Aug. 27, 2024

MOTION to Appear Pro Hac Vice for Colten L. Stanberry (Filing fee $100, receipt number AMDDC-11452602.) by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 08/27/2024)

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85 Aug. 28, 2024

PAPERLESS ORDER granting 84 Motion to Appear Pro Hac Vice on behalf of Colten L. Stanberry. Directing attorney Colten L. Stanberry to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 8/28/2024. (mh4s, Deputy Clerk) (Entered: 08/28/2024)

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86 Aug. 30, 2024

RESPONSE in Opposition re 78 MOTION to Dismiss 36 Amended Complaint filed by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman.(Baxter, Eric) (Entered: 08/30/2024)

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87 Sept. 27, 2024

REPLY to Response to Motion re 78 MOTION to Dismiss 36 Amended Complaint filed by Shebra Evans, Lynne Harris, Monifa B. McKnight, Grace Rivera-Oven, Karla Silvestre, Rebecca Smondrowski, The Montgomery County Board of Education, Brenda Wolff, Julie Yang.(Bredar, Thomas) (Entered: 09/27/2024)

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88 Jan. 21, 2025

PAPERLESS ORDER staying case pending the Supreme Court's decision in Mahmoud v. Taylor, No. 24-297. A status report is due within one week of the Supreme Court's ruling. Signed by Judge Deborah L. Boardman on 1/21/2025. (lmys, Chambers) (Entered: 01/21/2025)

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Jan. 21, 2025

Case Stayed

Jan. 21, 2025

Case Stayed (jf3s, Deputy Clerk)

89 April 4, 2025

Assembled Electronic Record Transmitted to the Supreme Court of the United States, re 62 Notice of Appeal. (slss, Deputy Clerk) (Entered: 04/04/2025)

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90 July 7, 2025

STATUS REPORT regarding the Supreme Court's ruling by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 07/07/2025)

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91 Aug. 4, 2025

ORDER of USCA Recalling mandate; Vacating its opinion and Remanding the case to the District Court for further proceedings consistent with the Supreme Courts decision as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman and Svitlana Roman. (slss, Deputy Clerk) (Entered: 08/04/2025)

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92 Aug. 4, 2025

JUDGMENT of USCA (certified copy) Remanding to theDistrict Court as to 62 Notice of Appeal filed by Melissa Persak, Chris Persak, Enas Barakat, Tamer Mahmoud, Jeff Roman and Svitlana Roman. (Attachments: # 1 Notice of Judgment)(slss, Deputy Clerk) (Entered: 08/04/2025)

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93 Aug. 12, 2025

PAPERLESS ORDER denying the motion to dismiss the amended complaint, ECF 78, without prejudice. The parties should meet and confer and submit a joint status report by August 22, 2025. Signed by Judge Deborah L. Boardman on 8/12/2025. (sb5s, Chambers) (Entered: 08/12/2025)

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94 Aug. 22, 2025

STATUS REPORT (JOINT) by Enas Barakat, Kids First, Tamer Mahmoud, Chris Persak, Melissa Persak, Jeff Roman, Svitlana Roman(Baxter, Eric) (Entered: 08/22/2025)

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Case Details

State / Territory:

Maryland

Case Type(s):

Education

Speech and Religious Freedom

Key Dates

Filing Date: May 23, 2023

Closing Date: Feb. 19, 2026

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of parents from various religions hoping to opt their children out of certain curriculums

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Brenda Wolff, Board Member

Grace Rivera-Oven, Board Member

Julie Yang, Board Member

Karla Silvestre, Board Member

Lynne Harris, Board Member

Monifa B. McKnight, then-Superintendent of the Montgomery County Board of Education

Montgomery County Board of Education

Rebecca Smondrowski, Board Member

Shebra Evans, Board Member

Thomas W. Taylor, new-Superintendent of the Montgomery County Board of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Other Dockets:

District of Maryland 8:23-cv-01380

Supreme Court of the United States 24-297

U.S. Court of Appeals for the Fourth Circuit 23-1890

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Attorneys fees

Damages

Declaratory judgment

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Education

LGBTQ+:

LGBTQ+

Recommended Citation