9th Cir. 23-2807 Docket
Roe v. Critchfield
U.S. Court of Appeals for the Ninth Circuit, No. 23-2807
Appealed from D. Idaho 1:23-cv-00315
Argued May 9, 2024 AUDIO VIDEO
Panel: Circuit Judges Kim McLane Wardlaw, Morgan Christen, and Mark J. Bennett
| Date Filed | # | Docket Text |
| 10/16/2023 | 1 | CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00315-DCN has been received in the Clerk’s office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-2807 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for attorneys and pro se litigants) and review the Appellate Practice Guide. Counsel should consider contacting the court’s Appellate Mentoring Program for help with the brief and argument. [Entered: 10/16/2023 02:28 PM] |
| 10/16/2023 | 2 | PRELIMINARY INJUNCTION SCHEDULE NOTICE. Briefing will be set by future court order. See 9th Cir. R. 3-3 (regarding preliminary injunction appeals). [Entered: 10/16/2023 02:29 PM] |
| 10/16/2023 | 3 | Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/16/2023 11:41 PM] |
| 10/16/2023 | 4 | MOTION for Injunctive Relief filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/16/2023 11:43 PM] |
| 10/18/2023 | 5 | ORDER FILED The court has received appellants’ emergency motion for injunctive relief pending appeal. Appellees’ response is due October 20, 2023, by 5:00 p.m. Pacific Time. The optional reply is due October 24, 2023, by 5:00 p.m. Pacific Time. [Entered: 10/18/2023 01:52 PM] |
| 10/18/2023 | 6 | ORDER FILED The appeal filed October 16, 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 must 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 opening brief and excerpts of record are due no later than November 13, 2023. The answering brief is due December 11, 2023, or 28 days after service of the opening brief, whichever is earlier. 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 the opening brief timely will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [Entered: 10/18/2023 01:58 PM] |
| 10/19/2023 | 7 | MEDIATION QUESTIONNAIRE filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. To submit pertinent confidential information directly to the Circuit Mediators, please email ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [Entered: 10/19/2023 01:01 PM] |
| 10/20/202 | 8 | RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 10/20/2023 04:02 PM] |
| 10/24/202 | 9 | REPLY to (DE 8) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/24/2023 04:17 PM] |
| 10/26/2023 | 10 | MEDIATION ORDER By 11/01/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 10/26/2023 08:41 AM] |
| 10/26/2023 | 11 | ORDER FILED. William A. FLETCHER, Consuelo M. CALLAHAN, Mark J. BENNETT The motion for injunctive relief (Docket Entry No. 4) is granted. See Feldman v. Ariz. Sec’y of State, 843 F.3d 366, 367 (9th Cir. 2016) (“The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.”); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). Enforcement of Idaho’s Senate Bill 1100 is stayed pending resolution of this appeal. The existing briefing schedule remains in effect. CALLAHAN, Circuit Judge, dissenting: I would deny the emergency motion for an injunction pending appeal because, in my view, appellants have not demonstrated a sufficient likelihood of success on the merits of their appeal. [Entered: 10/26/2023 12:04 PM] |
| 10/30/2023 | 12 | District Court Order/Notice Received: Plaintiffs’ Motion for Preliminary Injunction Pending Appeal (Dkt. 64) is MOOT. [Entered: 10/30/2023 01:33 PM] |
| 10/31/2023 | 13 | NOTICE OF APPEARANCE by John J. Bursch for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 10/31/2023 03:08 PM] |
| 10/31/2023 | 14 | NOTICE OF APPEARANCE by Lincoln Davis Wilson for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 10/31/2023 03:13 PM] |
| 10/31/2023 | 15 | NOTICE OF APPEARANCE by Joshua N. Turner for Appellee Independent School District of Boise City #1. [Entered: 10/31/2023 03:29 PM] |
| 10/31/2023 | 16 | Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 10/31/2023 06:35 PM] |
| 10/31/2023 | 17 | MOTION to Extend Time to File Opening Brief filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/31/2023 10:46 PM] |
| 10/31/2023 | 18 | MOTION to Reconsider Nondispositive Order filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [COURT ENTERED FILING of motion filed at DE 16.] [Entered: 11/01/2023 10:24 AM] |
| 11/01/2023 | 19 | ADDED Counsel for Appellee John J. Bursch [Entered: 11/01/2023 01:15 PM] |
| 11/01/2023 | 20 | ADDED CCounsel for Appellee Lincoln Davis Wilson [Entered: 11/01/2023 04:11 PM] |
| 11/01/2023 | 21 | ADDED Counsel for Appellee Joshua N. Turner [Entered: 11/01/2023 04:17 PM] |
| 11/01/2023 | 22 | RESPONSE to Motion to Extend Time to File Opening Brief (DE 17) filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 11/01/2023 04:41 PM] |
| 11/02/2023 | 23 | REPLY to Response to Motion to Extend Time (DE 22) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 11/02/2023 11:33 AM] |
| 11/07/2023 | 24 | ORDER FILED. The motion for an extension of time to file the opening brief (Docket Entry No. 17) is granted in part. The opening brief and excerpts of record are due November 22, 2023. The answering brief is due December 20, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 11/07/2023 12:16 PM] |
| 11/07/2023 | 25 | RELEASED FROM MEDIATION. This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 11/07/2023 04:35 PM] |
| 11/23/2023 | 26 | OPENING BRIEF submitted for filing by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 11/22/2023 05:31 PM] |
| 11/23/2023 | 27 | EXCERPTS OF RECORD submitted for filing by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 11/22/2023 05:36 PM] |
| 11/24/2023 | 28 | ORDER FILED. Opening Brief submitted at DE 26 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 27 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. [Entered: 11/24/2023 01:03 PM] |
| 11/30/2023 | 29 | AMICUS BRIEF by government or with consent submitted for filing by States of NY, WA, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NC, OR, PA, RI, VT, and DC. [Entered: 11/29/2023 04:50 PM] |
| 11/30/2023 | 30 | AMICUS BRIEF by government or with consent submitted for filing by PFLAG, Inc., Trans Youth Equality Foundation, Gender Diversity. [Entered: 11/29/2023 06:06 PM] |
| 11/30/2023 | 31 | AMICUS BRIEF by government or with consent submitted for filing by American Medical Association, American Academy of Pediatrics, American Psychiatric Association, GLMA.–[COURT UPDATE: Attached corrected brief] [Entered: 11/29/2023 06:51 PM] [Edited: 12/01/2023 04:06 PM] |
| 11/30/2023 | 32 | Paper copies (3) of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 27 by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance received. [Entered: 11/30/2023 01:51 PM] |
| 11/30/2023 | 33 | Paper copies (6) of Opening Brief submitted at DE 26 by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance received. [Entered: 11/30/2023 01:54 PM] |
| 12/01/2023 | 34 | ADDED Amici Curiae State of New York, State of Washington, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, 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 North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, and District of Columbia, Counsel for Amici Curiae: Mark Stephen Grube. [Entered: 12/01/2023 08:36 AM] [Edited: 12/01/2023 03:59 PM |
| 12/01/2023 | 35 | NOTICE OF APPEARANCE by Mark Stephen Grube for Amicus Curiae District of Columbia, Amicus Curiae State of California, Amicus Curiae State of Colorado, Amicus Curiae State of Connecticut, Amicus Curiae State of Delaware, Amicus Curiae State of Hawaii, Amicus Curiae State of Illinois, Amicus Curiae State of Maine, Amicus Curiae State of Maryland, Amicus Curiae State of Massachusetts, Amicus Curiae State of Michigan, Amicus Curiae State of Minnesota, Amicus Curiae State of Nevada, Amicus Curiae State of New Jersey, Amicus Curiae State of New York, Amicus Curiae State of North Carolina, Amicus Curiae State of Oregon, Amicus Curiae State of Pennsylvania, Amicus Curiae State of Rhode Island, Amicus Curiae State of Vermont, Amicus Curiae State of Washington. [Entered: 12/01/2023 11:44 AM] |
| 12/01/2023 | 36 | ADDED Amici Curiae PFLAG, Inc., PFLAG Coeur D’Alene/Kootenai County (Idaho Chapter), PFLAG Moscow (Idaho Chapter), Trans Youth Equality Foundation, and Gender Diversity, Counsel for Amici Curiae: Maureen Alger. [Entered: 12/01/2023 03:54 PM] [Edited: 12/01/2023 03:58 PM] |
| 12/01/2023 | 37 | ORDER FILED. Amicus Brief submitted at DE 29 by States of NY, WA, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NC, OR, PA, RI, VT, and DC is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/01/2023 05:03 PM] |
| 12/01/2023 | 38 | ORDER FILED. Amicus Brief submitted at DE 30 by PFLAG, Inc., PFLAG Coeur D’Alene/Kootenai County (Idaho Chapter), PFLAG Moscow (Idaho Chapter), Trans Youth Equality Foundation, and Gender Diversity is filed. Within 7 days of this order, Amici must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/01/2023 05:09 PM] |
| 12/07/2023 | 39 | Paper copies (6) of Amicus Brief submitted at DE 29 by States of NY, WA, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NC, OR, PA, RI, VT, and DC received. [Entered: 12/07/2023 02:45 PM] |
| 12/11/2023 | 40 | ORDER FILED. Amicus Brief submitted at DE 31 by American Medical Association, American Academy of Pediatrics, American Psychiatric Association, GLMA is filed. Within 7 days of this order, Amici must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/11/2023 09:16 AM] |
| 12/08/2023 | 41 | Paper copies (6) of Amicus Brief submitted at DE 30 by PFLAG, Inc., Trans Youth Equality Foundation, Gender Diversity received. [Entered: 12/11/2023 11:35 AM] |
| 12/11/2023 | 42 |
ORDER FILED W. FLETCHER, CALLAHAN, and BENNETT. Order by Judges W. FLETCHER and BENNETT; Dissent by Judge CALLAHAN.
CALLAHAN, Circuit Judge, dissenting: |
| 12/12/2023 | 43 | Paper copies (6) of Amicus Brief submitted at DE 31 by American Medical Association, American Academy of Pediatrics, American Psychiatric Association, GLMA received. [Entered: 12/12/2023 03:48 PM] |
| 12/20/2023 | 44 | ANSWERING BRIEF submitted for filing by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 12/20/2023 04:57 PM] |
| 12/20/2023 | 45 | EXCERPTS OF RECORD submitted for filing by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 12/20/2023 05:07 PM] |
| 12/20/2023 | 46 | MOTION to Expedite filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 12/20/2023 06:26 PM] |
| 12/21/2023 | 47 | AMICUS BRIEF by government or with consent submitted for filing by Defense of Freedom Institute. [Entered: 12/21/2023 09:08 AM] |
| 12/21/2023 | 48 | ADDED Amicus Curiae Defense of Freedom Institute. Counsel for Amicus Curiae: Donald Albert Daugherty and Martha Astor. [Entered: 12/21/2023 11:45 AM] |
| 12/21/2023 | 49 | ORDER FILED.. Answering Brief submitted at DE 44 by Appellees is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 45 by Appellees are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/21/2023 02:15 PM] |
| 12/21/2023 | 50 | ORDER FILED.. Answering Brief submitted at DE 44 by Appellees is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 45 by Appellees are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/21/2023 02:15 PM] |
| 12/22/2023 | 51 | MOTION to Extend Time to File Reply Brief filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 12/22/2023 11:53 AM] |
| 12/22/2023 | 52 | AMICUS BRIEF by government or with consent submitted for filing by States of Indiana, Alabama, and 22 Other States. [Entered: 12/22/2023 01:29 PM] |
| 12/25/2023 | 53 | AMICUS BRIEF by government or with consent submitted for filing by Foundation for Moral Law, Inc..–[COURT UPDATE: Attached corrected brief] [Entered: 12/25/2023 05:44 PM] [Edited: 12/27/2023 03:49 PM] |
| 12/26/2023 | 54 | Paper copies (6) of Amicus Brief submitted at DE 47 by Defense of Freedom Institute received. [Entered: 12/26/2023 10:44 AM] |
| 12/26/2023 | 55 | Paper copies (6) of Answering Brief submitted at DE 44 by Appellees received. |
| 12/27/2023 | 56 | Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 45 by Appellees received. [Entered: 12/27/2023 11:29 AM] |
| 12/27/2023 | 57 | AMICUS BRIEF by government or with consent submitted for filing by The American Civil Rights Project. [Entered: 12/27/2023 07:59 PM] |
| 12/28/2023 | 58 | ADDED Amici Curiae Foundation for Moral Law and American Civil Rights Project. Counsel for Amici Curiae: John Allen Eidsmoe and Joseph Bingham. [Entered: 12/28/2023 01:50 PM] |
| 12/28/2023 | 59 | ORDER FILED. Amicus Brief submitted at DE 53 by Foundation for Moral Law, Inc. is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/28/2023 02:16 PM] |
| 12/28/2023 | 60 | ORDER FILED. Amicus Brief submitted at DE 57 by The American Civil Rights Project is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 12/28/2023 02:22 PM] |
| 12/28/2023 | 61 | ADDED Amici Curiae States of Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. Counsel for Amici Curiae: James A. Barta. [Entered: 12/28/2023 02:59 PM] |
| 12/28/2023 | 62 | ORDER FILED. Amici Curiae States of Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. Counsel for Amici Curiae: James A. Barta. [Entered: 12/28/2023 02:59 PM] |
| 01/02/2024 | 63 | RESPONSE to Motion to Expedite (DE 46) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 01/02/2024 09:13 PM] |
| 01/02/2024 | 64 | Paper copies (6) of Amicus Brief submitted at DE 52 by States of Indiana, Alabama, and 22 Other States received. [Entered: 01/03/2024 08:56 AM] |
| 01/03/2024 | 65 | Paper copies (6) of Amicus Brief submitted at DE 53 by Foundation for Moral Law, Inc. received. [Entered: 01/04/2024 12:51 PM] |
| 01/04/2024 | 66 | Paper copies (6) of Amicus Brief submitted at DE 57 by The American Civil Rights Project received. [Entered: 01/04/2024 01:14 PM] |
| 01/05/2024 | 67 | ORDER FILED. The unopposed motion for an extension of time to file the reply brief (Docket Entry No. 51) is granted. The reply brief is due January 17, 2024. [Entered: 01/05/2024 05:45 PM] |
| 01/17/2024 | 68 | ORDER FILED. WARDLAW, PAEZ, and NGUYEN, Circuit Judges. Appellees’ motion for expedited oral argument (Docket Entry No. 46) is denied. This case will be calendared on a priority basis and assigned to the next available panel. See 9th Cir. G.O. 3.3(c), 3.3(f); 9th Cir. R. 34-3. The existing briefing schedule remains in effect. [Entered: 01/17/2024 01:18 PM] |
| 01/17/2024 | 69 | NOTICE OF APPEARANCE by Jonathan Andrew Scruggs for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 01/17/2024 02:40 PM] |
| 01/17/2024 | 70 | REPLY BRIEF submitted for filing by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 01/17/2024 06:49 PM] |
| 01/17/2024 | 71 | EXCERPTS OF RECORD submitted for filing by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 01/17/2024 07:03 PM] |
| 01/18/2024 | 72 | ORDER FILED. Reply Brief submitted at DE 70 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 71 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. –[Edited by SML to reflect the correct excerpts entry] [Entered: 01/18/2024 10:17 AM] |
| 01/22/2024 | 73 |
NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena.Please review the Pasadena sitting dates for May 2024 and the subsequent sitting 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 (http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions (http://www.ca9.uscourts.gov/forms/form32instructions.pdf) 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [23-2807] [Entered: 01/22/2024 09:01 AM] |
| 01/24/2024 | 74 | Paper copies (6) of Reply Brief submitted at DE 70 by Appellants received. [Entered: 01/24/2024 03:12 PM] |
| 01/24/2024 | 75 | Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 71 by Appellants received. [Entered: 01/24/2024 03:14 PM] |
| 01/25/2024 | 76 | NOTICE OF APPEARANCE by Alan M. Hurst for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 01/25/2024 09:23 AM] |
| 01/25/2024 | 77 | ADDED Counsel for Appellee Alan M. Hurst [Entered: 01/25/2024 11:49 AM] |
| 02/08/2024 | 78 | CITATION of Supplemental Authorities (28j Letter) filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 02/08/2024 06:57 AM] |
| 02/08/2024 | 79 | NOTICE OF APPEARANCE by Jonathan Andrew Scruggs for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 02/08/2024 12:24 PM] |
| 02/08/2024 | 80 | NOTICE OF APPEARANCE by Henry Frampton for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 02/08/2024 01:03 PM] |
| 02/08/2024 | 81 | ADDED Counsel for Appellee Henry Frampton [Entered: 02/08/2024 02:57 PM] |
| 02/14/2024 | 82 | CITATION of Supplemental Authorities (28j Letter) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 02/14/2024 05:41 PM] |
| 02/25/2024 | 83 |
NOTICE OF ORAL ARGUMENT on Thursday, May 9, 2024 – 09:30 A.M. – Courtroom 1 – Scheduled Location: Pasadena CA 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 ACMS filing type Motion to Appear Remotely for Oral Argument. 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 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. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [23-2807] [Entered: 02/25/2024 06:18 AM] |
| 02/26/2024 | 84 | LETTER ATTACHED RE: NOTICE OF RELATED CASES. [Entered: 02/26/2024 09:51 AM] |
| 02/28/2024 | 85 | ADDED Counsel for Appellee Jonathan Andrew Scruggs [Entered: 02/28/2024 09:16 AM] |
| 03/04/2024 | 86 |
NOTICE OF ORAL ARGUMENT on Thursday, May 9, 2024 – 9:30 A.M. – Courtroom 1 – Scheduled Location: Pasadena 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 ACMS filing type Motion to Appear Remotely for Oral Argument. 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 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. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [CASELIST] [Entered: 03/04/2024 03:58 PM] |
| 04/11/2024 | 87 | ACKNOWLEDGMENT of hearing notice filed by Peter C. Renn for Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. Hearing in Pasadena – Courtroom 1 in Pasadena, on 1/31/2024 8:00:00 AM, 5/9/2024 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: . Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 04/11/2024 01:57 PM] |
| 04/11/2024 | 88 | NOTICE OF APPEARANCE by Erin Morrow Hawley for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 04/11/2024 01:59 PM] |
| 04/11/2024 | 89 | ADDED Counsel for Appellee Erin Morrow Hawley for Appellee Cally J. Roach, Appellee Beth Oppenheimer, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Elizabeth Langley, Appellee Independent School District of Boise City #1, Appellee Idaho State Board of Education, Appellee Kurt Liebich, Appellee Debbie Critchfield, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr., Appellee Shiva Rajbhandari. [Entered: 04/11/2024 02:12 PM] |
| 04/11/2024 | 90 | ACKNOWLEDGMENT of hearing notice filed by Erin Morrow Hawley for Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. Hearing in Pasadena – Courtroom 1 in Pasadena, on 1/31/2024 8:00:00 AM, 5/9/2024 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: . Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 04/11/2024 02:41 PM] |
| 04/15/2024 | 91 | NOTICE OF APPEARANCE by Peter C. Renn for Appellant Rachel Roe, Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Sexuality and Gender Alliance. [Entered: 04/15/2024 10:20 AM] |
| 04/23/2024 | 92 | CITATION of Supplemental Authorities (28j Letter) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 04/23/2024 11:22 PM |
| 04/29/2024 | 93 | NOTICE OF APPEARANCE by Samuel Linnet for Appellant Rachel Roe, Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Sexuality and Gender Alliance. [Entered: 04/29/2024 02:47 PM] |
| 04/29/2024 | 94 | ADDED Counsel for Appellant Samuel Linnet for Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 04/29/2024 03:37 PM] |
| 04/30/2024 | 95 | MOTION to Appear Remotely for Oral Argument filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 04/30/2024 11:06 AM] |
| 04/30/2024 | 96 | TEXT ORDER FILED..Appellees’ motion to appear remotely at oral argument (DE 95), is granted. [Entered: 04/30/2024 03:44 PM] |
Last updated 05/09/2024
Reconciled with online docket 05/07/2024