After my last post of July 26, 2017, the Fourth Circuit Court of Appeals remanded this Title IX “bathroom” case and removed it from the September 12, 2017 oral argument calendar. The reason for the remand is for the trial court to determine whether the case is moot in light of Gavin Grimm’s graduation from high school.
In this regard, on August 4 the trial judge ordered the parties to file position statements outlining their views of how the proceedings on remand should transpire.
The parties came to agreement on a joint position statement and filed it with the court last Friday, August 18. The position statement acknowledged that Grimm filed a Motion to Amend the Complaint on August 11, and that the School Board consented to the Motion. The parties further suggested the following briefing schedule:
(1) within 21 days from docketing the Amended Complaint, the School Board shall file a responsive pleading or motion;
(2) within 14 days from the filing of any Motion to Dismiss, Grimm shall file a memorandum in opposition; and
(3) within 6 days from the filing of Grimm’s opposition, the School Board shall file its Reply.
The trial judge can be expected to establish the official schedule in coming days.