10th Cir. 23-5080 Docket

Fowler v. Stitt
No. 23-5080, Case History (under construction)

Court: U.S. Court of Appeals for the Tenth Circuit

Argued: March 20, 2024      AUDIO
Panel:Circuit Judges Harris L. Hartz, Carolyn B. McHugh, and Richard E. N. Federico

Number Date Filed Docket Text
110884391 07/07/2023 Doc [11011614] Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/07/2023. Transcript order form and docketing statement due 07/21/2023 for Rowan Fowler, Allister Hall and Carter Ray. Notice of appearance due on 07/21/2023 for Kelly Baker, Rowan Fowler, Allister Hall, Carter Ray, Keith Reed and Kevin Stitt. [23-5080] [Entered: 07/07/2023 03:09 PM]
07/19/2023 [11014539] Entry of appearance submitted by Peter Renn, Sasha Buchert, Shelly Skeen, Karen Wilkins for Appellants Rowan Fowler, Allister Hall and Carter Ray for court review. Certificate of Interested Parties: Yes. Served on 07/19/2023. Manner of Service: email. [23-5080] –[Edited 07/19/2023 by AT to remove PDF as pleading was filed on 7/19/2023.] PR [Entered: 07/19/2023 11:20 AM]
110890615 07/19/2023 Doc [11014543] Docketing statement filed by Rowan Fowler, Allister Hall and Carter Ray. Served on 07/19/2023. Manner of Service: email. [23-5080] PR [Entered: 07/19/2023 11:23 AM]
07/19/2023 Doc [11014546] Acknowledgment of transcript order filed by Rowan Fowler, Allister Hall and Carter Ray. Transcript ordered: None. Served on: 07/19/2023. Manner of Service: email. [23-5080] PR [Entered: 07/19/2023 11:25 AM]
07/19/2023 Doc [11014548] Entry of appearance filed by Sasha Buchert , Mr. Peter Renn, Ms. Shelly Lynn,and Karen Keith Wilkins for Rowan Fowler, Allister Hall and Carter Ray. CERT. OF INTERESTED PARTIES: y (Most of the parties listed are or were counsel of record). Served on 07/19/2023. Manner of Service: email. [23-5080] [Entered: 07/19/2023 11:34 AM]
07/19/2023 [11014568] Minute order filed – Notice due that record is complete by 07/26/2023 for Mark C. McCartt, Clerk of Court (oclk). (Text Only – No Attachment) [23-5080] [Entered: 07/19/2023 11:55 AM]
07/20/2023 Doc [11014893] Filed notice record is complete. Served on 07/20/2023. Appellants’ brief and appendix due on 08/29/2023 for Rowan Fowler, Allister Hall and Carter Ray. [23-5080] –[Edited 07/21/2023 by SLS to replace PDF with correct document.] [Entered: 07/20/2023 10:22 AM]
07/20/2023 [11014903] Entry of appearance submitted by Audrey Anna Weaver for Appellees Mr. Kevin Stitt, Keith Reed and Kelly Baker for court review. Certificate of Interested Parties: No. Served on 07/20/2023. Manner of Service: email. [23-5080] –[Edited 07/20/2023 by SLS to remove PDF from docket entry as the document has been filed.] AAW [Entered: 07/20/2023 10:41 AM]
07/20/2023 Doc [11014910] Entry of appearance filed by Audrey A. Weaver for Kevin Stitt, Keith Reed and Kelly Baker. CERT. OF INTERESTED PARTIES: n. Served on 07/20/2023. Manner of Service: email. [23-5080] [Entered: 07/20/2023 11:00 AM]
07/20/2023 [11014926] Entry of appearance submitted by Garry Michael Gaskins, II and Zachary Paul West for Appellees Mr. Kevin Stitt, Keith Reed and Kelly Baker for court review. Certificate of Interested Parties: No. Served on 07/20/2023. Manner of Service: email. –[Edited 07/20/2023 by MLB to remove pdf from docket; entry filed on 07/20/2023][23-5080] GMG [Entered: 07/20/2023 11:27 AM]
07/20/2023 Doc [11014944] Entry of appearance filed by Mr. Garry Michael Gaskins, II and Zachary Paul West for Mr. Kevin Stitt, Keith Reed and Kelly Baker. CERT. OF INTERESTED PARTIES: n. Served on 07/20/2023. Manner of Service: email [23-5080] [Entered: 07/20/2023 11:48 AM]
110897381 08/01/2023 Doc [11017868] Motion filed by Appellants Rowan Fowler, Allister Hall and Carter Ray to extend time to file appellant/petitioner’s brief until 09/28/2023. Served on: 08/01/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 08/01/2023 06:06 PM]
08/02/2023 [11017874] Order filed by Clerk of the Court granting attorney motion to extend time to file appellants brief and appendix until 09/28/2023 for Rowan Fowler, Allister Hall and Carter Ray. No further extensions will be granted on the clerk’s authority. Served on 08/02/2023. Text only entry – no attachment. [23-5080] [Entered: 08/02/2023 07:03 AM]
09/28/2023 This entry has been removed from the docket as counsel filed a corrected brief on09/29/2023. [AT] [11032990] Appellant/Petitioner’s brief filed by Rowan Fowler, Allister Hall and Carter Ray. Served on 09/28/2023 by email. Oral argument requested? Yes. Word/page count: 12953. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 09/28/2023 06:52 PM]
110929010 09/28/2023 Doc [11032991] Appellant’s appendix filed by Rowan Fowler, Allister Hall and Carter Ray. Total number of volumes filed: 1. Served on 09/28/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 09/28/2023 07:04 PM]
09/29/2023 Doc [11033002] Notice of appellant’s deficient brief received from Rowan Fowler, Allister Hall, and Carter Ray. See attached letter for specifics. Appellants’ corrected brief due on 10/02/2023 for Rowan Fowler, Allister Hall, and Carter Ray [23-5080] [Entered: 09/29/2023 06:48 AM]
110929212 09/29/2023 Doc [11033100] Appellant/Petitioner’s brief filed by Rowan Fowler, Allister Hall and Carter Ray. Served on 09/29/2023 by email. Oral argument requested? Yes. Word/page count: 12953. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 09/29/2023 10:11 AM]
09/29/2023 [11033141] Minute order filed – The brief and appendix submitted by appellants are accepted for filing. Paper copies of appellants’ brief and appendix are due 10/06/2023 by Rowan Fowler, Allister Hall, and Carter Ray. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellees’ response brief is now due 10/30/2023 for Kevin Stitt, Keith Reed, and Kelly Baker. (Text Only – No Attachment) [23-5080] [Entered: 09/29/2023 10:58 AM]
10/05/2023 [11034689] Paper copies of appellants’ brief and appendix received from Rowan Fowler, Allister Hall and Carter Ray. [23-5080] [Entered: 10/05/2023 11:53 AM]
10/05/2023 This entry has been removed from the docket as the Amicus Brief was filed by the Clerk’s Office on 10/05/2023. [AT] [11034855] Amicus Curiae brief submitted by American Civil Liberties Union, American Civil Liberties Union of Oklahoma. Served on 10/05/2023. Manner of Service: email. Word/page count: 4262. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] ML [Entered: 10/05/2023 05:40 PM]
10/05/2023 This entry has been removed from the docket as the Amicus Brief was filed by the Clerk’s Office on 10/05/2023. [AT] [11034858] Amicus Curiae brief submitted by GLBTQ Legal Advocates & Defendants. Served on 10/05/2023. Manner of Service: email. Word/page count: 24. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PC [Entered: 10/05/2023 08:59 PM]
110932705 10/05/2023 Doc [11034918] Amicus Curiae brief filed by GLBTQ Advocates & Defenders. Served on 10/05/2023. Manner of Service: email. [23-5080] [Entered: 10/06/2023 09:34 AM]
110932702 10/05/2023 Doc [11034925] Amicus Curiae brief filed by ACLU and American Civil Liberty Union of Oklahoma. Served on 10/05/2023. Manner of Service: email. [23-5080] [Entered: 10/06/2023 09:43 AM]
10/06/2023 [11034902] Entry of appearance submitted by Harper Samuel Seldin for Amicus Curiae American Civil Liberties Union Foundation for court review. Certificate of Interested Parties: No. Served on 10/06/2023. Manner of Service: email. [23-5080] –[Edited 10/06/2023 by AT to remove PDF as pleading was filed on 10/6/2023.] HSS [Entered: 10/06/2023 09:01 AM]
10/06/2023 [11034916] Minute order filed – Notice of appearance due on 10/20/2023 for American Civil Liberties Union and American Civil Liberty Union of Oklahoma. (Text Only – No Attachment) [23-5080] [Entered: 10/06/2023 09:32 AM]
10/06/2023 [11034919] Minute order filed – Notice of appearance due on 10/20/2023 for GLBTQ Advocates & Defenders. (Text Only – No Attachment) [23-5080] [Entered: 10/06/2023 09:35 AM]
10/06/2023 [11034921] Minute order filed – The Amicus Briefs submitted by American Civil Liberties Union, American Civil Liberty Union of Oklahoma, and GLBTQ Advocates & Defenders are accepted for filing. Paper copies of the amicus briefs are due 10/16/2023 by American Civil Liberties Union, American Civil Liberty Union of Oklahoma, and GLBTQ Advocates & Defenders. All copies must be exact replicas of the electronic filings. (Text Only – No Attachment) [23-5080] [Entered: 10/06/2023 09:38 AM]
10/06/2023 Doc [11034938] Entry of appearance filed by Mr. Harper Samuel Seldin for ACLU. CERT. OF INTERESTED PARTIES: n. Served on 10/06/2023. Manner of Service: email. [23-5080] [Entered: 10/06/2023 10:02 AM]
10/06/2023 [11034990] Entry of appearance submitted by Megan Lambert for Amicus Curiae American Civil Liberty Union of Oklahoma for court review. Certificate of Interested Parties: No. Served on 10/06/2023. Manner of Service: email. [23-5080] –[Edited 10/06/2023 by AT to remove PDF as pleading was filed on 10/6/2023.] ML [Entered: 10/06/2023 11:41 AM]
10/06/2023 Doc [11035038] Entry of appearance filed by Ms. Megan Lambert for American Civil Liberty Union of Oklahoma. CERT. OF INTERESTED PARTIES: n. Served on 10/06/2023. Manner of Service: email. [23-5080] [Entered: 10/06/2023 01:20 PM]
10/10/2023 [11035693] Paper copies of amicus brief received from GLBTQ Advocates & Defenders. [23-5080] [Entered: 10/11/2023 10:31 AM]
10/10/2023 [11035694] Paper copies of amicus brief received from American Civil Liberties Union and American Civil Liberty Union of Oklahoma. [23-5080] [Entered: 10/11/2023 10:31 AM]
10/11/2023 [11035797] Entry of appearance submitted by Patience Crozier for Amicus Curiae GLBTQ Advocates & Defenders for court review. Certificate of Interested Parties: No. Served on 10/11/2023. Manner of Service: email. –[Edited 10/11/2023 by MLB to remove pdf from docket; entry filed on 10/11/23][23-5080] PC [Entered: 10/11/2023 01:14 PM]
10/11/2023 Doc [11035806] Entry of appearance filed by Patience Crozier for GLBTQ Advocates & Defenders. CERT. OF INTERESTED PARTIES: n. Served on 10/11/2023. Manner of Service: email [23-5080] [Entered: 10/11/2023 01:21 PM]
10/18/2023 Doc [11037764] Motion filed by Appellees Mr. Kevin Stitt, Kelly Baker and Keith Reed to extend time to file appellee/respondent’s brief until 11/13/2023. Served on: 10/18/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] AAW [Entered: 10/18/2023 04:14 PM]
10/19/2023 [11037800] Order filed by Clerk of the Court granting Appellees’ unopposed motion to extend time (14 days) to file a response brief now due 11/13/2023 for Kevin Stitt, Keith Reed and Kelly Baker. Served on 10/19/2023. Text only entry – no attachment. [23-5080] [Entered: 10/19/2023 07:24 AM]
110951770 11/13/2023 Doc [11044274] Appellee/Respondent’s brief filed by Kelly Baker, Keith Reed and Mr. Kevin Stitt. Served on: 11/13/2023. Manner of service: email. Oral argument requested? Yes. Word/page count: 12942. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] ZPW [Entered: 11/13/2023 10:12 PM]
110951773 11/13/2023 Doc [11044275] Appellee’s appendix filed by Kelly Baker, Keith Reed and Mr. Kevin Stitt. Total number of volumes filed: 1. Served on 11/13/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] ZPW [Entered: 11/13/2023 10:16 PM]
11/15/2023 [11044918] Minute order filed – the brief (and appendix) submitted by appellees is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing(s), including all attachments and number of volumes filed (for appendices). Appellants’ optional reply brief now due 12/06/2023 for Carter Ray, Rowan Fowler and Allister Hall. Paper copies of appellees’ response brief and appendix due 11/22/2023 by Kelly Baker, Keith Reed and Kevin Stitt. (Text Only – No Attachment) [23-5080] [Entered: 11/15/2023 11:32 AM]
11/17/2023 Doc [11045604] Motion filed by Appellants Rowan Fowler, Allister Hall and Carter Ray to extend time to file a reply brief until 12/20/2023. Served on: 11/17/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 11/17/2023 05:29 AM]
11/17/2023 [11045760] Order filed by Clerk of the Court granting appellants’ unopposed motion to extend time to file reply brief. Appellants’ optional reply brief now due 12/20/2023 for Carter Ray, Rowan Fowler and Allister Hall. No further extensions will be granted on the Clerk’s authority. Served on 11/17/2023. Text only entry – no attachment. [23-5080] [Entered: 11/17/2023 11:05 AM]
11/17/2023 [11045849] Paper copies of appellees’ brief and appendix received from Kelly Baker, Keith Reed and Kevin Stitt. [23-5080] [Entered: 11/17/2023 12:39 PM]
11/20/2023 This entry has been removed from the docket by MLB. Amicus brief filed on 11/20/2023.
[11046477] Amicus Curiae brief submitted by States of Kansas, Arkansas, Georgia, Iowa, Indiana, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, Tennessee, Texas, Utah, and West Virginia. Served on 11/20/2023. Manner of Service: email. Word/page count: 3597. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] EBG [Entered: 11/20/2023 04:01 PM]
110956250 11/20/2023 Doc [11046499] Amicus Curiae brief filed by State of Kansas, State of Arkansas, State of Iowa, State of Indiana, State of Georgia, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of South Carolina, State of Tennessee, State of Texas, State of Utah and State of West Virginia. Served on 11/20/2023. Manner of Service: email. [23-5080] [Entered: 11/20/2023 04:46 PM]
11/20/2023 [11046501] Minute order filed – the amici brief submitted by the States is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies due 11/29/2023. Notice of appearance due on 11/30/2023 for attorneys Anthony Powell and Erin Gaide on behalf of the States. (Text Only – No Attachment) [23-5080] [Entered: 11/20/2023 04:51 PM]
11/29/2023 [11048375] Paper copies received of the brief from amici curiae State of Arkansas, State of Georgia, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of South Carolina, State of Tennessee, State of Texas, State of Utah and State of West Virginia. [23-5080] [Entered: 11/29/2023 01:31 PM]
12/04/2023 Doc [11049380] Deficiency notice issued. Type of deficiency: entry of appearance not filed. Notice of appearance now due by 12/07/2023 for counsel for amici State of Kansas, et al. [23-5080] [Entered: 12/04/2023 11:03 AM]
12/04/2023 Doc [11049459] Entry of appearance submitted by Anthony J. Powell and Erin B. Gaide for Amici Curiae State of Arkansas, State of Iowa, State of Kansas, State of Indiana, State of Georgia, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of South Carolina, State of Tennessee, State of Texas, State of Utah and State of West Virginia for court review. Certificate of Interested Parties: No. Served on 12/04/2023. Manner of Service: email. [23-5080] AJP [Entered: 12/04/2023 01:02 PM]
12/04/2023 [11049570] Minute Order Filed – Amicus Curiae GLBTQ Advocates & Defenders’s brief lists one or more attorneys who have not yet entered an appearance in this appeal (Havlin & Branson). Tenth Circuit Rule 46.1(A) requires formal entries of appearance from all attorneys whose names appear on briefs filed with the court. No later than 12/07/2023, Kimberly Havlin and Ariell Branson must file entries of appearance or Amicus Curiae GLBTQ Advocates & Defenders must file a corrected brief that does not list any attorney who does not intend to enter an appearance in this appeal. If a corrected brief is filed, the paper copies provided to the court shall be copies of the corrected brief. [23-5080] [Entered: 12/04/2023 03:11 PM]
12/04/2023 [11049575] Minute Order Filed – Amici Curiae ACLU and American Civil Liberty Union of Oklahoma’s brief lists one or more attorneys who have not yet entered an appearance in this appeal. Tenth Circuit Rule 46.1(A) requires formal entries of appearance from all attorneys whose names appear on briefs filed with the court. No later than 12/07/2023, Adam Hines must file an entry of appearance or Amici Curiae ACLU and American Civil Liberty Union of Oklahoma must file a corrected brief that does not list any attorney who does not intend to enter an appearance in this appeal. If a corrected brief is filed, the paper copies provided to the court shall be copies of the corrected brief. [23-5080] [Entered: 12/04/2023 03:15 PM]
12/05/2023 Doc [11049961] Entry of appearance filed by Erin B Gaide and Anthony John Powell for State of West Virginia, State of Utah, State of Texas, State of Tennessee, State of South Carolina, State of North Dakota, State of Nebraska, State of Montana, State of Missouri, State of Mississippi, State of Louisiana, State of Kansas, State of Iowa, State of Indiana, State of Georgia, and State of Arkansas. CERT. OF INTERESTED PARTIES: n. Served on 12/04/2023, 12/05/2023. Manner of Service: email [23-5080] [Entered: 12/05/2023 12:14 PM]
12/06/2023 [11050333] Entry of appearance submitted by Adam H. Hines for Amicus Curiae American Civil Liberty Union of Oklahoma for court review. Certificate of Interested Parties: No. Served on 12/06/2023. Manner of Service: email. –[Edited 12/06/2023 by MLB to remove pdf from docket; entry filed on 12/06/23][23-5080] AH [Entered: 12/06/2023 03:17 PM]
12/06/2023 Doc [11050350] Entry of appearance filed by Mr. Adam Hines for American Civil Liberty Union of Oklahoma. CERT. OF INTERESTED PARTIES: n. Served on 12/06/2023. Manner of Service: email [23-5080] [Entered: 12/06/2023 03:40 PM]
12/07/2023 [11050652] Entry of appearance submitted by Kimberly Havlin and Ariell Branson for Amicus Curiae GLBTQ Advocates & Defenders for court review. Certificate of Interested Parties: No. Served on 12/07/2023. Manner of Service: email. [23-5080]–[Edited 12/07/2023 by ART to remove pdf as pleading was filed on 12/07/2023] KAH [Entered: 12/07/2023 12:55 PM]
12/07/2023 Doc [11050768] Entry of appearance filed by Ariell Diana Branson and Kimberly Anne Havlin for GLBTQ Advocates & Defenders. CERT. OF INTERESTED PARTIES: n. Served on 12/07/2023. Manner of Service: email [23-5080] [Entered: 12/07/2023 04:11 PM]
110971640 12/20/2023 Doc [11053709] Appellant/Petitioner’s reply brief filed by Rowan Fowler, Allister Hall and Carter Ray. Served on 12/20/2023. Manner of Service: email. Word/page count: 6497. This pleading complies with all required privacy and virus certifications: Yes. [23-5080] PR [Entered: 12/20/2023 01:25 AM]
12/20/2023 [11053776] Minute order filed – the brief submitted by appellants is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellants’ reply brief due 12/28/2023 by Rowan Fowler, Allister Hall and Carter Ray. (Text Only – No Attachment) [23-5080] [Entered: 12/20/2023 09:22 AM]
12/22/2023 [11054640] Paper copies of appellants’ reply brief received from Rowan Fowler, Allister Hall and Carter Ray. [23-5080] [Entered: 12/22/2023 03:58 PM]
110981543 01/10/2024 Doc [11058164] Oral argument notice filed. This matter is set for IN PERSON oral argument on 3/20/2024 at 9:00 A.M. Mountain Time in Courtroom IV of the Byron White United States Courthouse, Denver, CO. Arguing counsel must carefully review the attached notice. Within 10 days of today’s date, arguing counsel must review the argument calendar available on the court’s website, and download, complete, and e-file the required calendar form(s). Counsel for amici parties may not participate in argument without written permission from the court. Arguing counsel must check-in at the Clerk’s Office 45 minutes prior to the start of arguments. [23-5080] [Entered: 01/10/2024 01:12 PM]
01/12/2024 [11059066] Entry of appearance submitted by William Patrick Flanagan for Appellees Mr. Kevin Stitt, Keith Reed and Kelly Baker for court review. Certificate of Interested Parties: No. Served on 01/12/2024. Manner of Service: email. [23-5080]–[Edited 01/12/2024 by DJD. Removed PDF as pleading filed 1/12/24] WPF [Entered: 01/12/2024 03:48 PM]
01/12/2024 Doc [11059068] Entry of appearance filed by William Patrick Flanagan for Kevin Stitt, Keith Reed and Kelly Baker. CERT. OF INTERESTED PARTIES: n. Served on 01/12/2024. Manner of Service: email [23-5080]–[Edited 01/12/2024 by DJD to attach document] [Entered: 01/12/2024 03:55 PM]
110984370 01/16/2024 Doc [11059370] Calendar Acknowledgment Form filed by Kelly Baker, Keith Reed and Mr. Kevin Stitt. Served on 01/16/2024. Manner of Service: email. [23-5080] AAW [Entered: 01/16/2024 12:57 PM]
110987082 01/19/2024 Doc [11060711] Calendar Acknowledgment Form filed by Rowan Fowler, Allister Hall and Carter Ray. Served on 01/19/2024. Manner of Service: email. [23-5080] PR [Entered: 01/19/2024 05:37 PM]
03/20/2024 [11075737] Case argued and submitted to Judges Hartz, McHugh and Federico. Arguing attorneys: Mr. Peter Renn for Appellants and Mrs. Audrey A. Weaver for Appellees. [23-5080] [Entered: 03/20/2024 12:44 PM]

Last updated 03/21/2024 
Reconciled with online docket 03/20/2024