9th Cir. 23-16026 Docket
Doe v. Horne
No. 23-16026, Case History (under construction)
U.S. Court of Appeals for the Ninth Circuit
Consolidated with No. 23-16030
Argued March 14, 2024 AUDIO VIDEO
Panel: Circuit Judges M. Margaret McKeown, Morgan Christen, and Senior U.S. District Judge David A. Ezra (W.D. Tex)
| Date Filed | # | Docket Text |
| 07/24/2023 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12760413] (JBS) [Entered: 07/24/2023 01:15 PM] |
| 07/25/2023 | 2 | Filed (ECF) notice of appearance of Eric Michael Fraser (Osborn Maledon, P.A., 2929 N Central Ave, Ste 2000, Phoenix, AZ 85012) for Appellees Helen Doe, James Doe, Kate Roe and Robert Roe. Date of service: 07/25/2023. (Party was previously proceeding with counsel.) [12761876] [23-16026] (Fraser, Eric) [Entered: 07/25/2023 02:37 PM] |
| 07/25/2023 | 3 | Added Attorney Eric M. Fraser for Appellees James Doe, Helen Doe, Kate Roe and Robert Roe, in case 23-16026. [12761934] (HH) [Entered: 07/25/2023 03:05 PM] |
| 07/26/2023 | 4 | Filed clerk order (Deputy Clerk: MCD): The appeal filed July 21, 2023 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than August 18, 2023; the answering brief is due September 15, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12762461] (WL) [Entered: 07/26/2023 11:11 AM] |
| 07/28/2023 | 5 | Filed (ECF) Appellants Warren Petersen and Ben Toma Mediation Questionnaire. Date of service: 07/28/2023. [12763938] [23-16026] (Sauer, Dean) [Entered: 07/28/2023 08:42 AM] |
| 07/28/2023 | 6 | The Mediation Questionnaire for this case was filed on 07/28/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12764278]. [23-16026] (AD) [Entered: 07/28/2023 12:44 PM] |
| 08/01/2023 | 7 | Filed (ECF) Appellants Warren Petersen and Ben Toma EMERGENCY Motion to stay lower court action. Date of service: 08/01/2023. [12766063] [23-16026] (Sauer, Dean) [Entered: 08/01/2023 02:30 PM] |
| 08/01/2023 | 8 | Filed (ECF) notice of appearance of Amy Christa Zimmerman (Debevoise & Plimpton LLP, 66 Hudson Boulevard, New York, NY 10001) for Appellees Helen Doe, James Doe, Kate Roe and Robert Roe. Date of service: 08/01/2023. (Party was previously proceeding with counsel.) [12766221] [23-16026] (Zimmerman, Amy) [Entered: 08/01/2023 04:06 PM] |
| 08/01/2023 | 9 | Added Attorney Amy Zimmerman for Appellees James Doe, Helen Doe, Kate Roe and Robert Roe, in case 23-16026. [12766223] (HH) [Entered: 08/01/2023 04:08 PM] |
| 08/01/2023 | 10 | Filed clerk order (Deputy Clerk: MCD): The court has received appellants’ emergency motion for a stay pending appeal at Docket Entry No. [7]. Any response to appellant’s motion is due August 8, 2023 by 9:00 a.m. Pacific Time. An optional reply may be filed by August 10, 2023 at 9:00 a.m. Pacific Time. [12766282] (WL) [Entered: 08/01/2023 05:00 PM] |
| 08/07/2023 | 11 | Filed (ECF) notice of appearance of Michael Everett Talent (James Otis Law Group, LLC 13321 N Outer Forty Road Suite 300 St. Louis, MO 63017) for Appellants Warren Petersen and Ben Toma. Date of service: 08/07/2023. (Party was previously proceeding with counsel.) [12769417] [23-16026] (Talent, Michael) [Entered: 08/07/2023 01:11 PM] |
| 08/07/2023 | 12 | Added Attorney Michael E. Talent for Appellants Ben Toma and Warren Petersen, in case 23-16026. [12769547] (HH) [Entered: 08/07/2023 02:15 PM] |
| 08/08/2023 | 13 | COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [14]. Original Text: Filed (ECF) Appellees Helen Doe, James Doe, Kate Roe and Robert Roe response opposing motion ([7] Motion (ECF Filing), [7] Motion (ECF Filing)). Date of service: 08/08/2023. [12770044] [23-16026] (Fraser, Eric) [Entered: 08/08/2023 08:07 AM] |
| 08/08/2023 | 14 | Filed (ECF) Appellees Helen Doe, James Doe, Kate Roe and Robert Roe response opposing motion ([7] Motion (ECF Filing), [7] Motion (ECF Filing) motion to stay lower court action). Date of service: 08/08/2023. [12770061] [23-16026] (Fraser, Eric) [Entered: 08/08/2023 08:48 AM] |
| 08/10/2023 | 15 | Filed (ECF) Appellants Warren Petersen and Ben Toma reply to response (). Date of service: 08/10/2023. [12771648] [23-16026] (Sauer, Dean) [Entered: 08/10/2023 08:34 AM] |
| 08/14/2023 | 16 | Filed order (MARY M. SCHROEDER, MARSHA S. BERZON and JOHN B. OWENS) The motions to stay the district court’s July 20, 2023 order granting the motion for preliminary injunction (Docket Entry No. [7] in No. 23-16026 and Docket Entry No. [12767886-2] in No. 23-16030) are denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). The motion to consolidate appeal No. 23-16026 and No. 23-16030 (Docket Entry No. [12767872-9] in Appeal No. 23-16030) is granted. The consolidated opening brief is due on September 8, 2023. The consolidated answering brief is due on October 6, 2023. The optional consolidated reply brief is due within 21 days after service of the answering brief. [12773264] [23-16026, 23-16030] (WL) [Entered: 08/14/2023 10:07 AM] |
| 08/18/2023 | 17 | Filed (ECF) Appellants Warren Petersen and Ben Toma in 23-16026 Motion to stay lower court action, Motion for miscellaneous relief [PETITION FOR INITIAL EN BANC CONSIDERATION AND FOR EN BANC CONSIDERATION OF MOTION TO STAY PENDING APPEAL]. Date of service: 08/18/2023. [12777382] [23-16026, 23-16030] (Sauer, Dean) [Entered: 08/18/2023 07:50 PM] |
| 08/22/2023 | 18 | Filed (ECF) Appellants Warren Petersen and Ben Toma in 23-16026 citation of supplemental authorities. Date of service: 08/22/2023. [12778564] [23-16026, 23-16030] (Sauer, Dean) [Entered: 08/22/2023 10:38 AM] |
| 08/24/2023 | 19 | Filed (ECF) Appellant Thomas C. Horne in 23-16030 response to Motion (ECF Filing), Motion (ECF Filing) motion to stay lower court action, Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies). Date of service: 08/24/2023. [12780433]. [23-16030, 23-16026] (Wilenchik, Dennis) [Entered: 08/24/2023 02:01 PM] |
| 09/08/2023 | 20 | Submitted (ECF) Opening Brief for review. Submitted by Appellants Ben Toma and Warren Petersen in 23-16026, Appellant Thomas C. Horne in 23-16030. Date of service: 09/08/2023. [12789290] [23-16026, 23-16030] (Sauer, Dean) [Entered: 09/08/2023 05:00 PM] |
| 09/08/2023 | 21 | Submitted (ECF) excerpts of record. Submitted by Appellants Warren Petersen and Ben Toma in 23-16026, Appellant Thomas C. Horne in 23-16030. Date of service: 09/08/2023. [12789297] [23-16026, 23-16030] (Sauer, Dean) [Entered: 09/08/2023 05:04 PM] |
| 09/11/2023 | 22 | Filed clerk order: The opening brief [20] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [21] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12789482] [23-16026, 23-16030] (KT) [Entered: 09/11/2023 09:23 AM] |
| 09/14/2023 | 23 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain, Jan Palchikoff. Date of service: 09/14/2023. [12792386] [23-16026, 23-16030] (Jones, Emily) [Entered: 09/14/2023 12:52 PM] |
| 09/14/202 | 24 | Entered appearance of Amici Curiae Mary I. O’Connor, Carol Brown, Patricia Spratlen Etem, Valerie McClain, and Jan Palchikoff. [12792437] [23-16026, 23-16030] (KT) [Entered: 09/14/2023 01:42 PM] |
| 09/14/202 | 25 | Filed clerk order: The amicus brief [23] submitted by Mary I. O’Connor, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12792440] [23-16026, 23-16030] (KT) [Entered: 09/14/2023 01:42 PM] |
| 09/14/202 | 26 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Concerned Women for America and Samaritan’s Purse. Date of service: 09/14/2023. [12792813] [23-16026, 23-16030] (Mills, Christopher) [Entered: 09/14/2023 07:43 PM] |
| 09/15/2023 | 27 | Entered appearance of Amici Curiae Concerned Women for America and Samaritan’s Purse. [12793146] [23-16026, 23-16030] (KT) [Entered: 09/15/2023 11:52 AM] |
| 09/15/2023 | 28 | Filed clerk order: The amicus brief [26] submitted by Concerned Women for America, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793148] [23-16026, 23-16030] (KT) [Entered: 09/15/2023 11:53 AM] |
| 09/15/2023 | 29 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Alabama, Arkansas and 16 Other States. Date of service: 09/15/2023. [12793329] [23-16026, 23-16030]–[COURT UPDATE: attached corrected PDF of amicus brief. 09/18/2023 by KT] (Bronni, Nicholas) [Entered: 09/15/2023 02:04 PM] |
| 09/15/2023 | 30 | Received 6 paper copies of Opening Brief [20] filed by appellants. [12793337] [23-16026, 23-16030] (NAR) [Entered: 09/15/2023 02:06 PM] |
| 09/15/2023 | 31 | Received 3 paper copies of excerpts of record [21] in 5 volume(s) and index volume filed by appellants . [12793341] [23-16026, 23-16030] (NAR) [Entered: 09/15/2023 02:08 PM] |
| 09/15/2023 | 32 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Independent Council on Women’s Sport. Date of service: 09/15/2023. [12793384] [23-16026, 23-16030] (Bock, William) [Entered: 09/15/2023 02:33 PM] |
| 09/15/2023 | 33 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Consortium on Female Sport. Date of service: 09/15/2023. [12793386] [23-16026, 23-16030] (Bock, William) [Entered: 09/15/2023 02:34 PM] |
| 09/15/2023 | 34 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Alliance Defending Freedom. Date of service: 09/15/2023. [12793472] [23-16026, 23-16030] (Warner, Jacob) [Entered: 09/15/2023 03:39 PM] |
| 09/15/2023 | 35 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Parents Defending Education. Date of service: 09/15/2023. [12793475] [23-16026, 23-16030] (Connolly, John) [Entered: 09/15/2023 03:41 PM] |
| 09/15/2023 | 36 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Anna Van Hoek, Lisa Fink, Amber Zenczak, and Arizona Women of Action. Date of service: 09/15/2023. [12793535] [23-16030, 23-16026] (Hamilton, Gene) [Entered: 09/15/2023 04:27 PM] |
| 09/15/2023 | 37 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Independent Women’s Law Center. Date of service: 09/15/2023. [12793599] [23-16026, 23-16030] (Schaerr, Gene) [Entered: 09/15/2023 09:50 PM] |
| 09/18/2023 | 38 | Entered appearance of Amici Curiae Independent Council on Womens Sport, International Consortium on Female Sport, Alliance Defending Freedom, Parents Defending Education, Anna Van Hoek, Lisa Fink, Amber Zenczak, Arizona Women of Action and Independent Women’s Law Center. [12793813] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:18 AM] |
| 09/18/2023 | 39 | Entered appearance of Amici Curiae State of Alabama, et al. [12793822] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:23 AM] |
| 09/18/2023 | 40 | Filed clerk order: The amicus brief [29] submitted by State of Alabama, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793827] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:26 AM] |
| 09/18/2023 | 41 | Filed clerk order: The amicus brief [32] submitted by Independent Council on Women’s Sport is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793833] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:30 AM] |
| 09/18/2023 | 42 | Filed clerk order: The amicus brief [33] submitted by International Consortium on Female Sport is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793840] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:33 AM] |
| 09/18/2023 | 43 | Filed clerk order: The amicus brief [34] submitted by Alliance Defending Freedom is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793852] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:35 AM] |
| 09/18/2023 | 44 | Filed clerk order: The amicus brief [35] submitted by Parents Defending Education is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793859] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:38 AM] |
| 09/18/2023 | 45 | Filed clerk order: The amicus brief [36] submitted by Anna Van Hoek, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793869] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:40 AM] |
| 09/18/2023 | 46 | Filed clerk order: The amicus brief [37] submitted by Independent Women’s Law Center is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12793880] [23-16026, 23-16030] (KT) [Entered: 09/18/2023 10:43 AM] |
| 09/18/2023 | 47 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF 88 FEMALE ATHLETES, COACHES, SPORTS OFFICIALS, AND PARENTS OF FEMALE ATHLETES, AS AMICI CURIAE SUPPORTING APPELLANTS AND REVERSAL. Date of service: 09/18/2023. [12794262] [23-16026, 23-16030]–[COURT UPDATE: attached corrected PDF of amicus brief. 09/21/2023 by KT] (Brown, Kristine) [Entered: 09/18/2023 03:17 PM] |
| 09/18/2023 | 48 | COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [47]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CORRECTED BRIEF OF 88 FEMALE ATHLETES, COACHES, SPORTS OFFICIALS, AND PARENTS OF FEMALE ATHLETES, AS AMICI CURIAE SUPPORTING APPELLANTS AND REVERSAL. Date of service: 09/18/2023. [12794324] [23-16026, 23-16030] (Brown, Kristine) [Entered: 09/18/2023 03:41 PM] |
| 09/20/2023 | 49 | Entered appearance of Amicus Curiae 88 female athletes, coaches, sports officials, and parents of female athletes. [12795600] [23-16026, 23-16030] (KT) [Entered: 09/20/2023 10:44 AM] |
| 09/20/2023 | 50 | Received 6 paper copies of Amicus Brief [29] filed by State of Alabama, et al. [12795827] [23-16026, 23-16030] (SD) [Entered: 09/20/2023 01:42 PM] |
| 09/20/2023 | 51 | Received 6 paper copies of Amicus Brief [23] filed by Mary I. O’Connor, et al. [12795838] [23-16026, 23-16030] (SD) [Entered: 09/20/2023 01:47 PM] |
| 09/20/2023 | 52 | Received 6 paper copies of Amicus Brief [37] filed by Independent Women’s Law Center. [12795846] [23-16026, 23-16030] (SD) [Entered: 09/20/2023 01:49 PM] |
| 09/20/2023 | 53 | Filed (ECF) Amicus Curiae International Consortium on Female Sport in 23-16030 Motion to strike portion of ICFS – Brief of International Consortium on Female Sport as Amici Curiae in Support of Appellants. Date of service: 09/20/2023. [12795853] [23-16026, 23-16030]–[COURT UPDATE: removed PDF of amicus brief, re-submitted correctly in entry [60]. 09/25/2023 by KT] (Bock, William) [Entered: 09/20/2023 01:51 PM] |
| 09/21/2023 | 54 | Received 6 paper copies of Amicus Brief [34] filed by Alliance Defending Freedom. [12796549] [23-16026, 23-16030] (NAR) [Entered: 09/21/2023 12:08 PM] |
| 09/21/2023 | 55 | Filed clerk order: The amicus brief [47] submitted by 88 female athletes, coaches, sports officials, and parents of female athletes is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12796611] [23-16026, 23-16030] (KT) [Entered: 09/21/2023 12:51 PM] |
| 09/22/2023 | 56 | Received 6 paper copies of Amicus Brief [33] filed by International Consortium on Female Sport. [12797448] [23-16026, 23-16030] (NAR) [Entered: 09/22/2023 03:06 PM] |
| 09/22/2023 | 57 | Received 6 paper copies of Amicus Brief [32] filed by Independent Council on Womens Sport. [12797451] [23-16026, 23-16030] (NAR) [Entered: 09/22/2023 03:10 PM] |
| 09/22/2023 | 58 | Received 6 paper copies of Amicus Brief [35] filed by Parents Defending Education. [12797458] [23-16026, 23-16030] (NAR) [Entered: 09/22/2023 03:13 PM] |
| 09/22/2023 | 59 | Received 6 paper copies of Amicus Brief [26] filed by Concerned Women for America, et al. [12797483] [23-16026, 23-16030] (NAR) [Entered: 09/22/2023 03:38 PM] |
| 09/25/2023 | 60 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Consortium on Female Sport. Date of service: 09/25/2023. [12797905] [23-16026, 23-16030] (Bock, William) [Entered: 09/25/2023 09:03 AM] |
| 09/25/2023 | 61 | Received 6 paper copies of Amicus Brief [36] filed by Anna Van Hoek, et al. [12798635] [23-16026, 23-16030] (SD) [Entered: 09/25/2023 03:57 PM] |
| 09/28/2023 | 62 | Received 6 paper copies of Amicus Brief [47] filed by 88 female athletes, coaches, sports officials, and parents of female athletes. [12800669] [23-16026, 23-16030] (NAR) [Entered: 09/28/2023 01:43 PM] |
| 10/06/2023 | 63 | Submitted (ECF) Answering Brief for review. Submitted by Appellees Helen Doe, James Doe, Kate Roe and Robert Roe in 23-16026, 23-16030. Date of service: 10/06/2023. [12806416] [23-16026, 23-16030] (Fraser, Eric) [Entered: 10/06/2023 03:40 PM] |
| 10/06/2023 | 64 | Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Helen Doe, James Doe, Kate Roe and Robert Roe in 23-16026, 23-16030. Date of service: 10/06/2023. [12806422] [23-16026, 23-16030] (Fraser, Eric) [Entered: 10/06/2023 03:43 PM] |
| 10/10/2023 | 65 | Filed clerk order: The answering brief [63] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [64] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12807089] [23-16026, 23-16030] (KT) [Entered: 10/10/2023 11:00 AM] |
| 10/13/2023 | 66 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 196 Athletes in Women’s Sports, The National Women’s Soccer League Players Association, The Women’s National Basketball Players Association, Athletes Unlimited, The Women’s Sports Foundation, and Athlete Ally. Date of service: 10/13/2023. [12809451] [23-16026, 23-16030] (Gonzalez-Pagan, Omar) [Entered: 10/13/2023 12:58 PM] |
| 10/13/2023 | 67 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Trevor Project, Inc.. Date of service: 10/13/2023. [12809543] [23-16026, 23-16030] (Hudson, Abbey) [Entered: 10/13/2023 02:04 PM] |
| 10/13/2023 | 68 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defenders, the Human Rights Campaign Foundation, and the National Center for Transgender Equality. Date of service: 10/13/2023. [12809575] [23-16026, 23-16030] (Hershman, Jordan) [Entered: 10/13/2023 02:22 PM] |
| 10/13/2023 | 69 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Medical Ass’n; American Academy of Pediatrics; Arizona Chapter of the American Academy of Pediatrics; American Psychiatric Ass’n; Arizona Medical Ass’n; American Medical Women’s Ass’n; GLMA: Health Professionals Advancing LGBTQ+ Equality; WPATH. Date of service: 10/13/2023. [12809594] [23-16026, 23-16030] (Amunson, Jessica) [Entered: 10/13/2023 02:38 PM] |
| 10/13/2023 | 70 | Received 3 paper copies of supplemental excerpts of record [64] in 1 volume(s) filed by appellees. [12809610] [23-16026, 23-16030] (CPA) [Entered: 10/13/2023 02:55 PM] |
| 10/13/2023 | 71 | Received 6 paper copies of Answering Brief [63] filed by appellees. [12809611] [23-16026, 23-16030] (CPA) [Entered: 10/13/2023 02:58 PM] |
| 10/13/2023 | 72 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NATIONAL WOMEN’S LAW CENTER AND 33 ADDITIONAL ORGANIZATIONS. Date of service: 10/13/2023. [12809762] [23-16026, 23-16030] (Jorgensen, Maia) [Entered: 10/13/2023 07:05 PM] |
| 10/13/2023 | 73 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of New York, Hawai’i, California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, and the District of Columbia. Date of service: 10/13/2023. [12809769] [23-16026, 23-16030] (Grube, Mark) [Entered: 10/13/2023 08:33 PM] |
| 10/16/2023 | 74 | Entered appearance of Amici Curiae 196 Athletes in Women’s Sports, The National Women’s Soccer League Players Association, The Women’s National Basketball Players Association, Athletes Unlimited, The Women’s Sports Foundation, Athlete AllyThe Trevor Project, Inc., GLBTQ Legal Advocates & Defenders, The Human Rights Campaign Foundation, The National Center for Transgender Equality, AMA, National Women’s Law Center, 33 Additional Orginizations, State of New York, State of Hawai’i, State of California, State of Colorado, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington, and the District of Columbia. [12809942] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:43 AM] |
| 10/16/2023 | 75 | Filed clerk order: The amicus brief [66] submitted by 196 Athletes in Womens Sports, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809944] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:45 AM] |
| 10/16/2023 | 76 | Filed clerk order: The amicus brief [67] submitted by The Trevor Project, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809947] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:50 AM] |
| 10/16/2023 | 77 | Filed clerk order: The amicus brief [68] submitted by GLBTQ Legal Advocates & Defenders, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809951] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:53 AM] |
| 10/16/2023 | 78 | Filed clerk order: The amicus brief [69] submitted by AMA, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809955] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:55 AM] |
| 10/16/2023 | 79 | Filed clerk order: The amicus brief [72] submitted by National Women’s Law Center, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809960] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:57 AM] |
| 10/16/2023 | 80 | Filed clerk order: The amicus brief [73] submitted by State of New York, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12809964] [23-16026, 23-16030] (KT) [Entered: 10/16/2023 09:59 AM] |
| 10/16/2023 | 81 | Filed (ECF) notice of appearance of Jordan D. Hershman (One Federal Street, Boston, MA 02110) for Amicus Curiae GLBTQ Legal Advocates & Defenders in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding with counsel.) [12809979] [23-16026, 23-16030] (Hershman, Jordan) [Entered: 10/16/2023 10:08 AM] |
| 10/16/2023 | 82 | Filed (ECF) notice of appearance of Abbey Hudson (Gibson, Dunn & Crutcher LLP, 333 South Grand Ave, Los Angeles, CA 90071) for Amicus Curiae The Trevor Project, Inc. in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding pro se.) [12809990] [23-16026, 23-16030] (Hudson, Abbey) [Entered: 10/16/2023 10:17 AM] |
| 10/16/2023 | 83 | Filed (ECF) notice of appearance of Kelly Herbert (Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, NY, 10166) for Amicus Curiae The Trevor Project, Inc. in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding pro se.) [12810002] [23-16026, 23-16030] (Herbert, Kelly) [Entered: 10/16/2023 10:25 AM] |
| 10/16/2023 | 84 | Added Attorney Jordan D. Hershman for Amicus Curiae GLBTQ Legal Advocates & Defenders, in cases 23-16026 and 23-16030. [12810045] [23-16026, 23-16030] (HH) [Entered: 10/16/2023 10:56 AM] |
| 10/16/2023 | 85 | Filed (ECF) notice of appearance of Mark Stephen Grube (New York State Office of the Attorney General, 28 Liberty Street, New York, NY 10005) for Amicus Curiae State of New York in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding with counsel.) [12810047] [23-16026, 23-16030] (Grube, Mark) [Entered: 10/16/2023 10:58 AM] |
| 10/16/2023 | 86 | Added Attorneys Abbey Jane Hudson and Kelly Herbert for Amicus Curiae The Trevor Project, Inc., in cases 23-16026 and 23-16030. [12810050] [23-16026, 23-16030] (HH) [Entered: 10/16/2023 11:00 AM] |
| 10/16/2023 | 87 | Added Attorney Mark Stephen Grube for Amicus Curiae State of New York, cases 23-16026 and 23-16030. [12810054] [23-16026, 23-16030] (HH) [Entered: 10/16/2023 11:02 AM] |
| 10/16/2023 | 88 | Filed (ECF) notice of appearance of Shireen Barday (Pallas Partners (US) LLP, 75 Rockefeller Plaza, New York, NY 10019) for Amicus Curiae The Trevor Project, Inc. in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding pro se.) [12810227] [23-16026, 23-16030] (Barday, Shireen) [Entered: 10/16/2023 12:52 PM] |
| 10/16/2023 | 89 | Filed (ECF) notice of appearance of Mark Davies (Pallas Partners (US) LLP, 75 Rockefeller Plaza, New York, NY 10019) for Amicus Curiae The Trevor Project, Inc. in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding pro se.) [12810233] [23-16026, 23-16030] (Davies, Mark) [Entered: 10/16/2023 12:56 PM] |
| 10/16/2023 | 90 | Added Attorneys Shireen Barday and Mark Christopher Davies for Amicus Curiae The Trevor Project, Inc., in cases 23-16026 and 23-16030. [12810252] [23-16026, 23-16030] (HH) [Entered: 10/16/2023 01:17 PM] |
| 10/16/2023 | 91 | Filed (ECF) notice of appearance of Omar Gonzalez-Pagan (Lambda Legal Defense and Education Fund, Inc., 120 Wall Street, 19th Floor, New York, NY 10005) for Amicus Curiae 196 Athletes in Womens Sports in 23-16026, 23-16030. Date of service: 10/16/2023. (Party was previously proceeding with counsel.) [12810348] [23-16026, 23-16030] (Gonzalez-Pagan, Omar) [Entered: 10/16/2023 02:43 PM] |
| 10/16/2023 | 92 | Added Attorney Omar Gonzalez-Pagan for Amicus Curiae 196 Athletes in Womens Sports, in cases 23-16026, 23-16030. . [12810461] [23-16026, 23-16030] (HH) [Entered: 10/16/2023 03:53 PM] |
| 10/17/2023 | 93 | Filed clerk order (Deputy Clerk: MCD): International Consortium on Female Sport’s motion (Docket Entry No. [53]) is granted. The Clerk will strike the amicus brief submitted at Docket Entry No. [33] and file the revised amicus brief submitted with consent per Federal Rule of Appellate Procedure 29(a) at Docket Entry No. [60]. The consolidated answering brief has been filed. The optional consolidated reply brief is now due within 21 days after the date of this order. [12811088] [23-16026, 23-16030] (WL) [Entered: 10/17/2023 02:53 PM] |
| 10/17/2023 | 94 | Received 6 paper copies of Amicus Brief [67] filed by The Trevor Project, Inc. and in 23-16030. [12811225] [23-16026, 23-16030] (MAE) [Entered: 10/17/2023 04:12 PM] |
| 10/17/2023 | 95 | Received 6 paper copies of Amicus Brief [68] filed by GLBTQ Legal Advocates & Defenders, et al. [12811237] [23-16026, 23-16030] (MAE) [Entered: 10/17/2023 04:20 PM] |
| 10/18/2023 | 97 | Received 6 paper copies of Amicus Brief [66] filed by 196 Athletes in Womens Sports, et al. [12812524] [23-16026, 23-16030] (CPA) [Entered: 10/19/2023 02:10 PM] |
| 10/18/2023 | 99 | Received 6 paper copies of Amicus Brief [72] filed by National Women’s Law Center, et al. [12813084] [23-16026, 23-16030] (CPA) [Entered: 10/20/2023 02:03 PM] |
| 10/19/2023 | 96 | Received 6 paper copies of Amicus Brief [69] filed by AMA, et al. [12812459] [23-16026, 23-16030] (CPA) [Entered: 10/19/2023 01:17 PM] |
| 10/20/2023 | 98 | Filed clerk order: The amicus brief [60] submitted by International Consortium on Female Sport is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12812967] [23-16026, 23-16030] (KT) [Entered: 10/20/2023 11:51 AM] |
| 10/20/2023 | 100 | Received 6 paper copies of Amicus Brief [73] filed by State of New York, et al. [12813582] [23-16026, 23-16030] (CPA) [Entered: 10/23/2023 09:34 AM] |
| 10/26/2023 | 101 | Received 6 paper copies of Amicus Brief [60] filed by International Consortium on Female Sport. [12815941] [23-16026, 23-16030] (CPA) [Entered: 10/26/2023 03:10 PM] |
| 11/07/2023 | 102 |
This case is being considered for an upcoming oral argument calendar in San Francisco
Please review the San Francisco sitting dates for March 2024 and the subsequent month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.
If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).
You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12820813]. [23-16026, 23-16030] (KS) [Entered: 11/07/2023 10:21 AM] |
| 11/07/2023 | 103 | Submitted (ECF) Reply Brief for review. Submitted by Appellants Warren Petersen and Ben Toma in 23-16026, Appellant Thomas C. Horne in 23-16030. Date of service: 11/07/2023. [12821020] [23-16026, 23-16030] (Sauer, Dean) [Entered: 11/07/2023 01:44 PM] |
| 11/07/2023 | 104 | Filed clerk order: The reply brief [103] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12821119] [23-16026, 23-16030] (KT) [Entered: 11/07/2023 02:40 PM] |
| 11/13/2023 | 105 | Received 6 paper copies of Reply Brief [103] filed by Appellants. [12823176] [23-16026, 23-16030] (SD) [Entered: 11/13/2023 01:54 PM] |
| 12/31/2023 | 106 | Notice of Oral Argument on Thursday, March 14, 2024 – 09:00 A.M. – Courtroom 1 – Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using the CM/ECF filing event “Motion for any relief (other than reconsideration or to seal)” and selecting the appropriate relief. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel.Please note however that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, March 14, 2024. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12843141]. [23-16026, 23-16030] (KS) [Entered: 12/31/2023 06:17 AM] |
| 01/04/2024 | 107 | Filed clerk order (Deputy Clerk: MCD): Intervenors-Defendants-Appellants’ Petition for Initial En Banc Consideration and for En Banc Consideration of Motion to Stay Pending Appeal, Docket No. [17], is DENIED. [12844503] [23-16026, 23-16030] (OC) [Entered: 01/04/2024 04:20 PM] |
| 01/10/2024 | 108 | Filed (ECF) Appellant Thomas C. Horne in 23-16030 Motion to appear remotely for oral argument. Date of service: 01/10/2024. [12846369] [23-16026, 23-16030] (Wilenchik, Dennis) [Entered: 01/10/2024 02:38 PM] |
| 02/12/2024 | 109 | Filed clerk order (Deputy Clerk: MCD): Appellant Horne moves for permission to appear remotely by video. Under this court’s Argument Protocols, “all unrepresented parties and counsel invited to argue before the court are expected to appear in person. If an in-person appearance would pose a hardship, the unrepresented party or counsel may file a motion to appear remotely.” Appellant’s motion does not demonstrate hardship. Accordingly, the motion, Dkt. [108], is DENIED. [12858477] [23-16026, 23-16030] (AF) [Entered: 02/12/2024 09:37 AM] |
| 02/13/2024 | 110 | Filed (ECF) Acknowledgment of hearing notice by Attorney Justin R. Rassi for Appellees Helen Doe, James Doe, Kate Roe and Robert Roe. Hearing in San Francisco on 03/14/2024 at 09:00 A.M (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/13/2024. [12859040] [23-16026] –[COURT UPDATE: Spread to case 23-16030. 02/13/2024 by TYL] (Rassi, Justin) [Entered: 02/13/2024 09:21 AM] |
| 02/15/2024 | 111 | Filed (ECF) notice of appearance of Justin D. Smith (James Otis Law Group, LLC, 13321 N. Outer Forty Road, Suite 300, St. Louis, MO 63017) for Appellants Warren Petersen and Ben Toma in 23-16026. Date of service: 02/15/2024. (Party was previously proceeding with counsel.) [12860324] [23-16026, 23-16030] (Smith, Justin) [Entered: 02/15/2024 11:23 AM] |
| 02/15/2024 | 112 | Added Attorney Justin D. Smith for Appellants Ben Toma and Warren Petersen, in case 23-16026. [12860363] [23-16026, 23-16030] (HH) [Entered: 02/15/2024 11:42 AM] |
| 02/15/2024 | 113 | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Justin D. Smith for Appellants Warren Petersen and Ben Toma in 23-16026. Hearing in San Francisco on 03/14/2024 at 9:00 a.m. (Courtroom: Courtroom 1, 3rd Floor Rm 338). Filer sharing argument time: Yes. (Argument minutes: 10) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/15/2024. [12860448] [23-16026, 23-16030] (Smith, Justin) [Entered: 02/15/2024 02:15 PM] |
| 02/15/2024 | 114 | Filed (ECF) notice of appearance of Maria Syms (Arizona Department of Education 1535 W. Jefferson St. Bin #50 Phoenix, AZ 85007) for Appellant Thomas C. Horne in 23-16030. Date of service: 02/15/2024. (Party was previously proceeding with counsel.) [12860586] [23-16030, 23-16026] (Syms, Maria) [Entered: 02/15/2024 05:18 PM] |
| 02/16/2024 | 115 | Added Attorney Maria M. Syms for Appellant Thomas C. Horne, in case 23-16030. [12860660] [23-16026, 23-16030] (HH) [Entered: 02/16/2024 09:33 AM] |
| 02/16/2024 | 116 | Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Maria M. Syms for Appellant Thomas C. Horne in 23-16030. Hearing in San Francisco on 03/14/2024 at 9-10am (Courtroom: Ctrm 1, 3rd flr, rm 338 95 7th Street, San Fran 94103). Filer sharing argument time: Yes. (Argument minutes: 5) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/16/2024. [12860798] [23-16030, 23-16026] (Syms, Maria) [Entered: 02/16/2024 12:17 PM] |
| 03/14/2024 | 117 | ARGUED AND SUBMITTED TO M. MARGARET MCKEOWN, MORGAN B. CHRISTEN and DAVID A. EZRA. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12869356] [23-16026, 23-16030] (BJK) [Entered: 03/14/2024 03:18 PM] |
| 04/04/2024 | 118 | Filed (ECF) Appellant Thomas C. Horne in 23-16030 Motion to take judicial notice of. Date of service: 04/04/2024. [12875130] [23-16030, 23-16026] (Wilenchik, Dennis) [Entered: 04/04/2024 04:07 PM] |
| 04/15/2024 | 119 | Filed (ECF) Appellees Helen Doe, James Doe, Kate Roe and Robert Roe in 23-16026, 23-16030 response opposing motion ([118] Motion (ECF Filing), [118] Motion (ECF Filing)). Date of service: 04/15/2024. [12877481] [23-16026, 23-16030] (Fraser, Eric) [Entered: 04/15/2024 02:50 PM] |
| 04/17/2024 | 120 | Filed (ECF) Appellees Helen Doe, Kate Roe, James Doe and Robert Roe in 23-16026, 23-16030 citation of supplemental authorities. Date of service: 04/17/2024. [12878088] [23-16026, 23-16030] (Fraser, Eric) [Entered: 04/17/2024 03:09 PM] |
| 04/18/2024 | 121 | Filed (ECF) Appellants Warren Petersen and Ben Toma in 23-16026 Correspondence: Response to Appellees’ Rule 28(j) letter. Date of service: 04/18/2024 [12878286] [23-16026, 23-16030] (Sauer, Dean) [Entered: 04/18/2024 12:15 PM] |
Last updated 07/01/2024
Reconciled with online docket 06/16/2024