D. Idaho 1:20-cv-00184 Docket

Hecox v. Little
No. 1:20-cv-00184, Case History   (under construction)

Court: District of Idaho (Boise – Southern)
Assigned to: Judge David C. Nye
(previously Magistrate Judge Candy W. Dale)

Date Filed # Docket Text
04/15/2020 1 COMPLAINT for Declaratory and Injunctive Relief against Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra ( Filing fee $ 400 receipt number 0976-2036759.), filed by Jane Doe, Lindsay Hecox. (Attachments: # 1 Cover Sheet, # 2 Summons Governor Brad Little, # 3 Summons Superintendent Sherri Ybarra, # 4 Summons State Board of Education members, # 5 Summons Boise State University, # 6 Summons Marlene Tromp, # 7 Summons Independent School District of Boise City #1, # 8 Summons Coby Dennis, # 9 Summons Board of Trustees of Independent School District of Boise City #1 members, # 10 Summons Idaho Code Commission members)(Eppink, Richard)
04/15/2020 2 MOTION FOR PRO HAC VICE APPEARANCE by Gabriel Arkles. ( Filing fee $ 250 receipt number 0976-2036765.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 3 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Barr. ( Filing fee $ 250 receipt number 0976-2036766.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 4 MOTION FOR PRO HAC VICE APPEARANCE by James Esseks. ( Filing fee $ 250 receipt number 0976-2036768.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 5 MOTION FOR PRO HAC VICE APPEARANCE by Kathleen Hartnett. ( Filing fee $ 250 receipt number 0976-2036773.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 6 MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Prelogar. ( Filing fee $ 250 receipt number 0976-2036779.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 7 MOTION FOR PRO HAC VICE APPEARANCE by Chase Strangio. ( Filing fee $ 250 receipt number 0976-2036782.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 8 MOTION FOR PRO HAC VICE APPEARANCE by Catherine West. ( Filing fee $ 250 receipt number 0976-2036783.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)
04/15/2020 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jane Doe’s Next Friend and Mother Jean Doe, # 3 Declaration of Jane Doe’s Next Friend and Father John Doe)(Eppink, Richard)
04/16/2020 10 DOCKET ENTRY ORDER approving 2 , 3 , 4 , 5 6 , 7 and 8 Motion for Pro Hac Vice Appearance of attorney Elizabeth Prelogar,Kathleen Hartnett,James Esseks,Andrew Barr,Gabriel Arkles,Chase Strangio and Catherine Ann West for Jane Doe and Lindsay Hecox Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
04/16/2020 11 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Board of Trustees, # 2 Boise State, # 3 Bradley Little, # 4 Coby Dennis, # 5 Idaho Code Commission, # 6 Independent School District, # 7 Marlene Tromp, # 8 Sherri Ybarra)(jd)
04/20/2020 12 WAIVER OF SERVICE Returned Executed by Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Independent School District of Boise City #1. Coby Dennis waiver sent on 4/17/2020, answer due 6/16/2020; Individual Members of the Board of Trustees of the Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020; Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020. (Skinner, Daniel)
04/20/2020 13 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE – On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing – Boise Courtroom 6 before Judge Candy W. Dale. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
04/23/2020 14 NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra (Olsen, Steven)
04/23/2020 15 WAIVER OF SERVICE Returned Executed by Sherri Ybarra, Individual Members of the State Board of Education, Marlene Tromp, Boise State University, Individual Members of the Idaho Code Commission, Bradley Little. Sherri Ybarra waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the State Board of Education waiver sent on 4/16/2020, answer due 6/15/2020; Marlene Tromp waiver sent on 4/16/2020, answer due 6/15/2020; Boise State University waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the Idaho Code Commission waiver sent on 4/16/2020, answer due 6/15/2020; Bradley Little waiver sent on 4/16/2020, answer due 6/15/2020. (Olsen, Steven)
04/24/2020 16 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra and counsel for Lindsay Hecox re 14 Notice of Appearance and the 1 Complaint. Consent/Objection to Magistrate due by 6/23/2020. (jd)
04/25/2020 17 Docket entry only – CONSENT to Magistrate Judge filed. (jd) (Entered: 04/27/2020)
04/27/2020 18 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/18/2020 (Eppink, Richard)
04/28/2020 19 ORDER RE: MOTION TO EXCEED PAGE LIMIT (DKT 18 ) – Plaintiffs Motion for Leave to File a 30-Page Brief (Dkt. 18 ) is GRANTED. Plaintiffs may file a brief of up to thirty (30) pages in support of their forthcoming motion for preliminary injunction. Defendants response to Plaintiffs motion for preliminary injunction may be up to thirty (30) pages and any reply brief may be up to fifteen (15) pages. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
04/28/2020 20 RESPONSE to Motion re 18 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief, 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton)
04/28/2020 21 RESPONSE to Motion re 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Non- Opposition filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton)
04/30/2020 22 MOTION for Preliminary Injunction (Equal Protection Claim) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/21/2020 (Attachments: # 1 Memorandum in Support, # 2 Adkins Declaration, # 3 Barr Declaration, # 4 Carroll Declaration, # 5 Fry Declaration, # 6 Hecox Declaration, # 7 Jane Doe Declaration, # 8 Jean Doe Declaration, # 9 Safer Declaration, # 10 Swoboda Declaration)(Eppink, Richard)
05/05/2020 23 NOTICE of Appearance by Matthew K Wilde on behalf of Boise State University, Marlene Tromp (Wilde, Matthew)
05/06/2020 24 A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(jd)
05/06/2020 DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:20-cv-00184-DCN. (jd)
05/06/2020 25 DOCKET ENTRY NOTICE VACATING HEARING – Due to reassignment of this matter, the Telephonic Scheduling Conference currently set for 6/18/2020 11:30 AM Telephonic Hearing – Boise Courtroom 6 before Judge Candy W. Dale is hereby VACATED. (at)
05/07/2020 26 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE – On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing – Boise Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
05/15/2020 27 STIPULATION re 22 MOTION for Preliminary Injunction (Equal Protection Claim) by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Olsen, Steven)
05/18/2020 28 ORDER GRANTING STIPULATED MOTION RE: BRIEFING SCHEDULE ON MOTIONS – IT IS HEREBY ORDERED that the briefing schedule shall be amended as follows: Defendants shall file their motion to dismiss on or before June 1, 2020. Plaintiffs shall file their response to Defendants motion to dismiss on or before June 22, 2020. Defendants shall file their reply in support of their motion to dismiss on or before July 6, 2020. Defendants shall file their response to Plaintiffs preliminary injunction motion on or before June 4, 2020. Plaintiffs shall file their reply in support of their preliminary injunction motion on or before June 25, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
05/18/2020 Set/Reset Deadlines as to 22 MOTION for Preliminary Injunction (Equal Protection Claim). Responses due by 6/4/2020. Replies due by 6/25/2020. (jd)
05/18/2020 Set/Reset Deadlines as to motion to dismiss. Responses due by 6/22/2020. Replies due by 7/6/2020. (jd)
05/19/2020 29 DOCKET ENTRY NOTICE of Hearing: A hearing on the 22 MOTION for Preliminary Injunction (Equal Protection Claim) is set for 7/22/2020 at 09:00 AM in Boise – Courtroom 2 before Judge David C. Nye. Counsel to receive video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 072 3098, Meeting Password: 364023. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (ab) Modified on 7/10/2020 to include Zoom information (st).
05/26/2020 30 MOTION to Intervene Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit A- Declaration of Madison Kenyon, # 3 Exhibit B- Declaration of Mary Marshall, # 4 Exhibit C- Intervenors’ Answer to Verified Complaint)(Skaug, Bruce)
05/26/2020 31 MOTION FOR PRO HAC VICE APPEARANCE by Jeffrey A. Shafer. ( Filing fee $ 250 receipt number 0976-2051969.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)
05/26/2020 32 MOTION FOR PRO HAC VICE APPEARANCE by Roger G. Brooks. ( Filing fee $ 250 receipt number 0976-2052005.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)
05/26/2020 33 MOTION FOR PRO HAC VICE APPEARANCE by Kristen K. Waggoner. ( Filing fee $ 250 receipt number 0976-2052012.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)
05/26/2020 34 MOTION FOR PRO HAC VICE APPEARANCE by Christiana M. Holcomb. ( Filing fee $ 250 receipt number 0976-2052017.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)
05/26/2020 35 MOTION FOR PRO HAC VICE APPEARANCE by Parker Douglas. ( Filing fee $ 250 receipt number 0976-2052026.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)
05/26/2020 36 NOTICE of Appearance by Raul Rafael Labrador on behalf of Madison Kenyon, Mary Marshall (Labrador, Raul)
05/27/2020 37 DOCKET ENTRY ORDER approving 31 , 32 , 33 , 34 and 35 Motion for Pro Hac Vice Appearance of attorney Parker Douglas,Christiana Holcomb,Kristen K. Waggoner,Roger G. Brooks and Jeffrey A. Shafer for Madison Kenyon and for Mary Marshall Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
05/29/2020 38 NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra (Olsen, Steven)
06/01/2020 39 DOCKET ENTRY ORDER: Responses to 30 MOTION to Intervene are due by 6/9/2020. Replies are due by 6/16/2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mt)
06/01/2020 Set/Reset Deadlines as to 30 MOTION to Intervene . Responses due by 6/9/2020. Replies due by 6/16/2020. (jd)
06/01/2020 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter Dayton Patrick Reed appearing for Defendants Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Responses due by 6/22/2020 (Attachments: # 1 Memorandum in Support Motion to Dismiss)(Reed, Dayton)
06/04/2020 41 RESPONSE to Motion re 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 6/18/2020. (Attachments: # 1 Expert Declaration of Gregory A. Brown, Ph.D. FACSM)(Zanzig, W)
06/04/2020 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs’ Motion for Preliminary Injunction Jeffrey A. Shafer appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/25/2020 (Shafer, Jeffrey)
06/05/2020 43 RESPONSE to Motion re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs’ Motion for Preliminary Injunction filed by Jane Doe, Lindsay Hecox. Replies due by 6/19/2020.(Eppink, Richard)
06/08/2020 44 RESPONSE to Motion re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs’ Motion for Preliminary Injunction, 30 MOTION to Intervene filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 6/22/2020.(Zanzig, W)
06/09/2020 45 MEMORANDUM in Opposition re 30 MOTION to Intervene Plaintiffs’ Opposition to Motion to Intervene filed by Jane Doe, Lindsay Hecox. Replies due by 6/23/2020.(Eppink, Richard)
06/09/2020 46 SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs’ Motion for Preliminary Injunction (Proposed Memorandum). (Attachments: # 1 Exhibit A- Declaration of Chelsea Mitchell, # 2 Exhibit B- Expert Affidavit of Dr. Stephen Levine)(Brooks, Roger)
06/12/2020 47 DOCKET ENTRY ORDER re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs’ Motion for Preliminary Injunction filed by Mary Marshall, Madison Kenyon. Having considered the parties’ briefing, and good cause appearing, the Court GRANTS the proposed intervenors’ Motion for Leave to File a Conditional Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction. The proposed intervenors filed a proposed memorandum in opposition on June 9, 2020. The Court accepts this memorandum as the proposed intervenors’ opposition to Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs’ reply, if any, shall be filed on or before June 29, 2020. In issuing this Order, the Court is not granting the Motion to Intervene. The Court will rule on the Motion to Intervene after the hearing on July 22, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
06/12/2020 48 ORDER ON PLAINTIFF’S MOTION FOR MINOR AND HER NEXT FRIENDS TO PROCEED UNDER PSEUDONYMS (DKT 9 ) – The Doe Plaintiffs have established good cause for proceeding under pseudonyms and their Motion to Proceed Under Pseudonyms (Dkt. 9 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
06/12/2020 49 DOCKET ENTRY NOTICE OF HEARING: A hearing on the 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter, and the 30 MOTION to Intervene will be held on 7/22/2020 at 09:00 AM in Boise – Courtroom 2 before Judge David C. Nye. Counsel to receive video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 072 3098, Meeting Password: 364023. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(ab) Modified on 7/10/2020 to include Zoom information (st).
06/15/2020 50 DOCKET ENTRY ORDER: IT IS HEREBY ORDERED that the Telephonic Scheduling Conference set for 6/18/2020 at 11:30 AM is VACATED and will be rescheduled to a later date. The requirement for the parties to submit their Joint Litigation and Discovery Plans is also vacated. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ab)
06/15/2020 51 MOTION for Leave to File Supplemental Opposition to Motion to Intervene (Dkt. 30) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 7/6/2020 (Attachments: # 1 Plaintiffs’ [Proposed] Supplemental Response to Motion to Intervene (Dkt. 30))(Eppink, Richard)
06/16/2020 52 REPLY to Response to Motion re 30 MOTION to Intervene filed by Madison Kenyon, Mary Marshall.Motion Ripe Deadline set for 6/17/2020.(Skaug, Bruce)
06/19/2020 53 NOTICE by United States of Statement of Interest (Donnelly, Matthew)
06/22/2020 54 MOTION for Leave to File Unopposed Motion for Leave to File a Consolidated Reply in Support of Motion for Preliminary Injunction Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 7/13/2020 (Eppink, Richard)
06/22/2020 55 RESPONSE to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Jane Doe, Lindsay Hecox. Replies due by 7/6/2020.(Eppink, Richard)
06/23/2020 56 ORDER ON PLAINTIFFS’ MOTION FOR LEAVE TO FILE A CONSOLIDATED REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION. IT IS HEREBY ORDERED that Plaintiffs’ Motion for Leave to File a Consolidated Reply Brief In Support of Motion for Preliminary Injunction (Dkt. 54 ) is GRANTED. Plaintiffs may file a consolidated reply brief of up to twenty-five (25) pages in support of their motion for preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs’ consolidated reply brief is due on or before June 29, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
06/23/2020 Set/Reset Deadlines as to 22 MOTION for Preliminary Injunction (Equal Protection Claim). Replies due by 6/29/2020, per docket 56 . (ckh)
06/25/2020 57 SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re 46 Supplement, Attachment to Expert Affidavit of Stephen Levine, MD. (Brooks, Roger)
06/29/2020 58 REPLY to Response to Motion re 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox.Motion Ripe Deadline set for 6/30/2020. (Attachments: # 1 Supplemental Declaration of Adkins, # 2 Supplemental Declaration of Safer, # 3 Declaration of Turban)(Eppink, Richard)
07/06/2020 59 REPLY to Response to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra.Motion Ripe Deadline set for 7/7/2020.(Reed, Dayton)
07/10/2020 60 DOCKET ENTRY ORDER re 51 MOTION for Leave to File Supplemental Opposition to Motion to Intervene (Dkt. 30) filed by Jane Doe, Lindsay Hecox. Having considered the parties’ briefing, and good cause appearing, the Court GRANTS Plaintiffs’ Motion for Leave to File Supplemental Opposition to Motion to Intervene. Plaintiffs filed a proposed supplemental memorandum in opposition on June 15, 2020. The Court accepts this memorandum as Plaintiffs’ Supplemental Opposition to the Motion to Intervene. The proposed intervenors filed a Reply on June 16, 2020, in which they addressed both Plaintiffs’ Opposition, and Supplemental Opposition, to the Motion to Intervene. The Court will not consider any further briefing on the Motion to Intervene.. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
07/22/2020 61 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 7/22/2020 re 30 MOTION to Intervene filed by Mary Marshall, Madison Kenyon, 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox, and 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education. Motions taken under advisement. Written decision forthcoming. (Court Reporter: Anne Bowline.) (st)
07/31/2020 62 Notice of Filing of Official Transcript of Proceedings held on 7/22/2020 before Judge David C. Nye. Court Reporter/Transcriber Anne Bowline, Email anne_bowline@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction. Redaction Request due 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. (amb)
08/17/2020 63 MEMORANDUM DECISION AND ORDER – The Motion to Intervene (Dkt. 30 ) is GRANTED; The Motion to Dismiss (Dkt. 40 ) is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Plaintiffs facial Fourteenth Amendment constitutional challenges, it is DENIED with respect to Plaintiffs as-applied constitutional claims and in all other respects; The Motion for Preliminary Injunction (Dkt. 22 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
09/16/2020 64 NOTICE OF APPEAL 20-35813 by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Filing fee $ 505, receipt number 0976-2102074. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Zanzig, W) Modified on 9/21/2020, to add USCA case number (jd).
09/16/2020 65 NOTICE OF APPEAL 20-35815 as to 63 Order on Motion for Preliminary Injunction, Order on Motion to Intervene, Order on Motion to Dismiss/Lack of Jurisdiction, by Madison Kenyon, Mary Marshall. Filing fee $ 505, receipt number 0976-2102144. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Brooks, Roger) Modified on 9/21/2020, to add USCA case number (jd).
09/17/2020 66 USCA Case Number 20-35813 for 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education. (jd) (Entered: 09/21/2020)
09/17/2020 67 ORDER of USCA 20-35813 as to 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (Attachments: # 1 USCA Guide, # 2 Mediation Questionnaire, # 3 Cover letter)(jd) (Additional attachment(s) added on 9/21/2020: # 4 Notice) (jd). (Entered: 09/21/2020)
09/17/2020 68 USCA Case Number 20-35815 for 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon. (jd) (Entered: 09/21/2020)
09/17/2020 69 Notice of USCA 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon (Attachments: # 1 Mediation Questionnaire, # 2 Cover Letter, # 3 USCA Guide)(jd) (Entered: 09/21/2020)
10/14/2020 70 DOCKET ENTRY ORDER Pursuant to informal communications with the parties, this case is STAYED pending the appeals of this Court’s Preliminary Injunction Order (Dkt. 63). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
11/13/2020 71 NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal (Gabriel Arkles) (Eppink, Richard)
01/19/2021 72 NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal (Elizabeth Prelogar) (Eppink, Richard)
02/17/2021 73 MOTION to Withdraw Appearance of Attorneys Shafer and Douglas Roger G. Brooks appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 3/10/2021 (Brooks, Roger)
03/09/2021 74 MOTION to Lift Stay for Sole Purpose of Vacating Protective Order re 70 Order, 48 Order on Motion for Miscellaneous Relief, (Unopposed) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 3/30/2021 (Eppink, Richard)
03/19/2021 75 ORDER ON PLAINTIFFS’ UNOPPOSED MOTION TO LIFT STAY FOR SOLE PURPOSE OF VACATING PROTECTIVE ORDER – Plaintiffs Motion to Lift Stay for the Sole Purpose of Vacating Protective Order (Dkt. 74 ) is GRANTED. The stay in this case (Dkt. 70 ) is lifted for the sole purpose of vacating the protective order (Dkt. 43 ), and the protective order is vacated. Afterwards, the stay is put back in place pending resolution of Defendants and Intervenors appeal of this Courts Order granting a preliminary injunction (Dkt. 63 ). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
03/25/2021 76 NOTICE of Change of Address by Richard Alan Eppink (Eppink, Richard)
05/05/2021 77 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL – The Motion to Withdraw Appearance of Attorneys (Dkt. 73 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
05/06/2021 78 ORDER of USCA 20-35813 as to 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (jd)
06/24/2021 79 ORDER of USCA 20-35813 as to 64 Notice of Appeal, REMANDED. (jd) (Entered: 06/25/2021)
07/27/2021 80 ORDER LIFTING STAY – The stay in this case is lifted for the sole purpose of the remand proceedings. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
08/26/2021 81 MOTION FOR PRO HAC VICE APPEARANCE by Aadika Singh. ( Filing fee $ 250 receipt number AIDDC-2263232.)Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 9/16/2021 (Eppink, Richard)
08/27/2021 82 DOCKET ENTRY ORDER granting 81 Motion for Pro Hac Vice Appearance of attorney Aadika Jaspal Singh for Jane Doe and for Lindsay Hecox Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
09/17/2021 83 NOTICE of Appearance by Cory Michael Carone on behalf of All Defendants. (jd).
10/08/2021 84 STATUS REPORT by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Zanzig, W)
10/11/2021 85 Joint MOTION for Protective Order re: Plaintiff’s Personal and Financial Records Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/1/2021 (Eppink, Richard)
10/12/2021 86 DOCKET ENTRY ORDER Pursuant to informal communications with the parties and the Status Report filed on October 8, 2021 (Dkt. 84), the Court enters the following briefing schedule: the parties shall file stipulated facts on October 15, 2021; simultaneous, 20-page opening briefs addressing the Ninth Circuit’s June 24, 2021 Remand Order (Dkt. 79) are due on November 5, 2021; simultaneous 10-page response briefs are due on December 3, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
10/12/2021 87 STIPULATED PROTECTIVE ORDER RE: PLAINTIFF’S PERSONAL AND FINANCIAL RECORDS – The stipulation and joint motion for a Protective Order (Dkt. 85 ) is GRANTED and that the Protective Order set forth above is APPROVED and ENTERED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
10/13/2021 88 MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Reinhardt. ( Filing fee $ 250 receipt number AIDDC-2287162.)Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/3/2021 (Eppink, Richard)
10/13/2021 89 MOTION FOR PRO HAC VICE APPEARANCE by Katelyn Kang. ( Filing fee $ 250 receipt number AIDDC-2287166.)Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/3/2021 (Eppink, Richard)
10/13/2021 90 MOTION FOR PRO HAC VICE APPEARANCE by Julie Veroff. ( Filing fee $ 250 receipt number AIDDC-2287169.)Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/3/2021 (Eppink, Richard)
10/14/2021 91 DOCKET ENTRY ORDER approving 88 , 89 and 90 Motion for Pro Hac Vice Appearance of attorney Julie Veroff,Elizabeth Reinhardt,Katelyn Kang for Jane Doe and for Lindsay Hecox Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
10/15/2021 92 STIPULATION Stipulated Facts in Response to Ninth Circuit Order Dated June 24, 2021 by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Zanzig, W)
11/03/2021 93 MOTION for Extension of Time to File Opening Mootness Brief (Unopposed) Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/24/2021 (Eppink, Richard)
11/04/2021 94 ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE OPENING MOOTNESS BRIEF – Upon showing of good cause, Plaintiffs unopposed motion to extend by one week to November 12, 2021, the deadline to file the opening briefs addressing the Ninth Circuits June 24, 2021 remand order is GRANTED. The parties simultaneous opening briefs shall be due on November 12, 2021, and their simultaneous response briefs remain due on December 3, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
11/04/2021 Set Deadlines/Hearings: Case Management deadline set for 11/12/2021. (jd)
11/12/2021 95 MEMORANDUM/BRIEF filed by Madison Kenyon, Mary Marshall . (Brooks, Roger)
11/12/2021 96 MEMORANDUM/BRIEF re 86 Order,, filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra . (Zanzig, W)
11/12/2021 97 MEMORANDUM/BRIEF re 94 Order on Motion for Extension of Time to File,, filed by Lindsay Hecox . (Attachments: # 1 Declaration of L. Hecox ISO Plaintiffs’ Opening Brief, # 2 Exhibit 1 to Declaration of L. Hecox, # 3 Exhibit 2 to Declaration of L. Hecox, # 4 Exhibit 3 to Declaration of L. Hecox, # 5Exhibit 4 to Declaration of L. Hecox, # 6 Exhibit 5 to Declaration of L. Hecox)(Hartnett, Kathleen)
12/03/2021 98 MEMORANDUM/BRIEF filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Madison Kenyon, Bradley Little, Marlene Tromp, Sherri Ybarra Mootness Response Brief. (Zanzig, W)
12/03/2021 99 MEMORANDUM/BRIEF re 96 Memorandum/Brief (generic), filed by Jane Doe, Lindsay Hecox . (Attachments: # 1 Supplemental Declaration of L. Hecox, # 2 Declaration of Ellen Staurowsky)(Hartnett, Kathleen)
02/04/2022 100 RETURN MAIL undelivered as to Elizabeth Reinhardt re: 94 Order on Motion for Extension of Time to File. (jd)
03/16/2022 101 DOCKET ENTRY ORDER The Court has before it the parties’ Stipulated Facts, Simultaneous Opening Briefs, and Simultaneous Response Briefs. Given its significant case load and a backlog of criminal cases due to the COVID-19 pandemic, the Court was unable to immediately address the parties’ submissions. As such, the parties are hereby ORDERED to file Supplemental Stipulated Facts, updating the Court on the status of Plaintiff Lindsay Hecox’s enrollment at Boise State University (“BSU”), and specifically addressing whether she is still enrolled in nine credits, and attending such classes, at BSU this semester. The Supplement shall also update the Court as to whether: (1) Hecox has joined and is playing for BSU Women’s Club Soccer Team; and (2) she still intends to try out for the BSU Women’s Cross Country Team in the Fall of 2022. The Supplemental Stipulated Facts shall not contain legal argument and must be filed on or before April 13, 2022. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
03/17/2022 Set Deadlines/Hearings: Supplemental Stipulated facts deadline set for 4/13/2022. (jd)
04/13/2022 102 STIPULATION re 101 Order,,,, Supplemental Stipulated Facts in Response to District Court Order Dated March 16, 2022 by Lindsay Hecox. (Hartnett, Kathleen)
04/14/2022 103 NOTICE by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra of Withdrawal of Counsel (Carone, Cory)
07/07/2022 104 STIPULATION of Dismissal of Boise School District Defendants by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Zanzig, W)
07/18/2022 105 ORDER ON MOOTNESS ISSUE – Hecoxs claim is not moot; Pursuant to the Remand Order, the parties shall advise the Ninth Circuit of the instant decision within seven (7) days; The parties Stipulated Dismissal (Dkt. 104 ) is DENIED; This case is, once again, STAYED pending the Ninth Circuits resolution of the Defendants and Intervenors appeal of this Courts preliminary injunction order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
08/19/2022 106 ORDER of USCA No. 20-35813 and 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon, 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (ac)
09/01/2022 107 ORDER of USCA 20-35813 as to 64 Notice of Appeal – Intervenors-Appellants unopposed motion for a seven-day extension of time to file supplemental briefing (Dkt. 155) on the issue of mootness is GRANTED. By September 9, 2022, Intervenors-Appellants shall submit supplemental briefing addressing both standing and mootness of no more than 25 pages in length. By September 23, 2022, Plaintiffs-Appellees shall submit a reply brief of no more than 25 pages in length. (lm) (Entered: 09/02/2022)
09/13/2022 108 ORDER of USCA 20-35813 and 20-35815 as to 65 Notice of Appeal and 64 Notice of Appeal, – Intervenors-Appellants motion to stay the supplemental briefing is DENIED. (jd)
10/05/2022 109 NOTICE of Substitution – Attorney Aadika Jaspal Singh for Lindsay Hecox added. Attorney Richard Alan Eppink terminated. Request to Leave Noticing ON for this case by Attorney (Eppink, Richard)
12/13/2022 110 NOTICE by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra of Withdrawal of Counsel (Reed, Dayton)
12/14/2022 111 NOTICE of Appearance by Brian V Church on behalf of All Defendants (Church, Brian)
01/30/2023 113 ORDER of USCA ( USCA No. 20-35813) – All parties are directed to file supplemental letter briefs identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. The briefs shall be filed within 21 days of this Order and are not to exceed 5,000 words. IT IS SO ORDERED. (ac) (Entered: 01/31/2023)
01/30/2023 114 MEMORANDUM of USCA ( USCA No. 20-35813) AFFIRMED. (ac) (Entered: 01/31/2023)
01/31/2023 112 NOTICE of Appearance by Selim Aryn Star on behalf of All Plaintiffs (Star, Selim)
01/31/2023 NOTICE TO COURT that counsel Dayton Reed wishes to no longer be noticed electronically on this case as of the date of this notice. (Reed, Dayton)
02/19/2023 115 NOTICE of Substitution – Attorney Selim Aryn Star for Jane Doe,Selim Aryn Star for Lindsay Hecox added. Attorney Aadika Jaspal Singh terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Singh, Aadika)
03/13/2023 116 NOTICE of Appearance by Dina M Flores-Brewer on behalf of Lindsay Hecox (Flores-Brewer, Dina)
04/28/2023 117 NOTICE of Substitution – Attorney Kelly O’Neill for Lindsay Hecox added. Attorney Catherine Ann West terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Mitchell, William)
08/17/2023 118 OPINION of USCA ( USCA No. 20-35813 and USCA No. 20-35815). (ac)
09/07/2023 119 ORDER of USCA 20-35813 and 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon, 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (jd) (Entered: 09/08/2023)
12/04/2023 120 NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal of Counsel for Julie M. Veroff (Hartnett, Kathleen)

Last updated 02/26/2024
Reconciled with online docket 02/24/2024