D. Ariz. 4:23-cv-00185 Docket

Doe v. Horne
No. 4:23-cv-00185, Case History (under construction)

Court: District of Arizona (Tucson)
Assigned to: Judge Jennifer G Zipps

Date Filed # Docket Text
04/17/2023 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21815575 filed by Kate Roe, James Doe, Helen Doe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Civil Cover Sheet)(JAM) (Entered: 04/18/2023)
04/17/2023 2 MOTION to Proceed Via Pseudonym by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Proposed Order)(JAM) (Entered: 04/18/2023)
04/17/2023 3 MOTION for Preliminary Injunction and MEMORANDUM OF LAW in Support Thereof by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Proposed Order)(JAM) (Entered: 04/18/2023)
04/17/2023 4 DECLARATION of Dr. Stephanie Budge, Ph.D. in Support of 3 MOTION for Preliminary Injunction and 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 5 DECLARATION of Dr. Daniel Shumer, M.D. in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 6 DECLARATION of Jane Doe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 7 DECLARATION of Helen Doe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 8 DECLARATION of Megan Roe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 9 DECLARATION of Kate Roe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)
04/17/2023 10 SUMMONS Submitted by James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(JAM) (Entered: 04/18/2023)
04/17/2023 11 Filing fee paid, receipt number AAZDC-21815575. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-23-185-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 04/18/2023)
04/18/2023 12 Summons Issued as to Arizona Interscholastic Association Incorporated, Gregory School, Thomas C Horne, Kyrene School District, Laura Toenjes. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(JAM). *** IMPORTANT: When printing the summons, select “Document and stamps” or “Document and comments” for the seal to appear on the document. (Entered: 04/18/2023)
04/18/2023 Remark: Pro hac vice motion(s) granted for Rachel Berg on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/18/2023)
04/19/2023 Remark: Pro hac vice motion(s) granted for Justin R Rassi on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/19/2023)
04/19/2023 13 NOTICE TO THE PARTIES: THE PARTIES ARE ADVISED that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Jennifer G Zipps on 4/18/23. (MYE) (Entered: 04/19/2023)
04/19/2023 Remark: Pro hac vice motion(s) granted for Amy E Whelan on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/19/2023)
04/21/2023 Remark: Pro hac vice motion(s) granted for Jyotin Hamid on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/21/2023)
04/25/2023 14 SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Return of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs’ Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs’ Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs’ Motion for Preliminary Injunction, Notice to the Parties upon The Gregory School on 4/20/2023. (Proksel, Colin) (Entered: 04/25/2023)
04/26/2023 15 SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Rule 4 Waiver of Service of Summons. Waiver sent on 4/20/2023 to Kyrene School District . (Proksel, Colin) (Entered: 04/26/2023)
04/26/2023 16 SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Rule 4 Waiver of Service of Summons. Waiver sent on 4/20/2023 to Laura Toenjes (in her official capacity). (Proksel, Colin) (Entered: 04/26/2023)
04/26/2023 17 SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Affidavit of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs’ Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs’ Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs’ Motion for Preliminary Injunction, and Notice to the Parties upon Thomas C. Horne, in his Official Capacity as the State Superintendent of Public Instruction on 4/20/2023. (Proksel, Colin) (Entered: 04/26/2023)
04/26/2023 18 SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Affidavit of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs’ Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs’ Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs’ Motion for Preliminary Injunction, and Notice to the Parties upon Arizona Interscholastic Association, Inc. on 4/20/2023. (Proksel, Colin) (Entered: 04/26/2023)
04/28/2023 Remark: Pro hac vice motion(s) granted for Amy Zimmerman on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/28/2023)
05/01/2023 Remark: Pro hac vice motion(s) granted for Dean John Sauer, Justin D Smith on behalf of Movants Unknown Petersen, Unknown Toma. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 05/01/2023
05/01/2023 19 *MOTION to Intervene by Warren Petersen and Unknown Toma. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Smith, Justin) *Modified to correct filers on 5/3/2023 (MYE). (Entered: 05/01/2023)
05/02/2023 20 STIPULATION by Thomas C Horne. (Attachments: # 1 Proposed Order Order Granting Stipulated Motion for Extension and Briefing Schedule on Plaintiffs’ Motion for Preliminary Injunction and Answer/Response to Complaint)(Wilenchik, Dennis) (Entered: 05/02/2023)
05/02/2023 21 MOTION to Change Venue/Transfer Case to Phoenix Division by Thomas C Horne. (Wilenchik, Dennis) (Entered: 05/02/2023)
05/04/2023 22 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Gregory School. (Attachments: # 1 Proposed Order Proposed Order)(Potts, David) (Entered: 05/04/2023)
05/04/2023 23 NOTICE re: No Objection by Gregory School re: 2 MOTION to Proceed Via Pseudonym . (Potts, David) (Entered: 05/04/2023)
05/04/2023 24 *MOTION to Expedite Expedited Briefing and Consideration of Defendant Horne’s Motion to Transfer (Doc. 21 ) by Thomas C Horne. (Attachments: # 1 Proposed Order Proposed Order)(Wilenchik, Dennis) *Modified to add link to related document on 5/5/2023 (MYE). (Entered: 05/04/2023)
05/05/2023 25 ORDER that the 20 Stipulated Motion for Extension and 22 Stipulation to Extend Time are GRANTED. IT IS FURTHER ORDERED that Defendants Horne and The Gregory School must respond to the Complaint and to Plaintiff’s 3 Motion for Preliminary Injunction on or before May 18, 2023. Plaintiffs’ reply in support of the Motion for Preliminary Injunction is due on or before June 1, 2023. Signed by Judge Jennifer G Zipps on 5/4/23. (See attached Order for complete details)(JAM) (Entered: 05/05/2023)
05/05/2023 26 RESPONSE to Motion re: 24 MOTION to Expedite Expedited Briefing and Consideration of Defendant Horne’s Motion to Transfer filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/05/2023)
05/08/2023 27 RESPONSE in Opposition re: 21 MOTION to Change Venue/Transfer Case to Phoenix Division filed by Gregory School. (Potts, David) (Entered: 05/08/2023)
05/08/2023 28 First MOTION for Extension of Time to File Answer re: 1 Complaint by Arizona Interscholastic Association Incorporated. (Attachments: # 1 Proposed Order)(Nelson, Kristian) (Entered: 05/08/2023)
05/10/2023 29 ORDERED that Defendant Horne’s Motion for Expedited Briefing (Doc. 24 ) is DENIED. In accordance with the Local Rules of Civil Procedure, Plaintiffs’ response to the Motion to Transfer is due on or before May 16, 2023. Defendant Horne’s reply, if any, is due on or before May 23, 2023. Signed by Judge Jennifer G Zipps on 5/9/23. (MYE) (Entered: 05/10/2023)
05/10/2023 30 ORDER: The parties’ Stipulation (Doc. 28 ) is GRANTED. Defendant AIA must respond to the Complaint and Plaintiffs’ Motion for Preliminary Injunction on or before May 25, 2023. Plaintiffs’ reply to AIA’s opposition to the Motion for Preliminary Injunction is due on or before June 6, 2023. In the event that AIA files a motion in response to the Complaint, Plaintiffs’ response is due on or before June 6, 2023. AIA’s reply to any such opposition is due on or before June 8, 2023. Signed by Judge Jennifer G Zipps on 5/9/23. (MYE) (Entered: 05/10/2023)
05/10/2023 31 *Second MOTION for Extension of Time to File Response/Reply and Motion for Extension of Time to File Answer by Thomas C Horne. (Attachments: # 1 Proposed Order)(Wilenchik, Dennis). *Modified to add Motion for Extension of Time to File Answer on 5/11/2023 (MYE). (Entered: 05/10/2023)
05/11/2023 32 NOTICE re: Service by Helen Doe, James Doe, Kate Roe, Robert Roe re: 13 Order re Rule 12(b) Motions, . (Proksel, Colin) (Entered: 05/11/2023)
05/11/2023 33 RESPONSE to Motion re: 31 Second MOTION for Extension of Time to File Response/Reply re Motion for Preliminary Injunction and Answer/Response to Complaint filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/11/2023)
05/11/2023 34 RESPONSE in Opposition re: 21 MOTION to Change Venue/Transfer Case to Phoenix Division filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/11/2023)
05/15/2023 35 RESPONSE in Opposition re: 19 MOTION to Intervene filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/15/2023)
05/18/2023 36 RESPONSE in Opposition re: 3 MOTION for Preliminary Injunction filed by Gregory School. (Attachments: # 1 Exhibit Exhibit 1 – Declaration of Dr. Julie Sherrill)(Potts, David) (Entered: 05/18/2023)
05/18/2023 37 MOTION to Dismiss Case by Gregory School. (Attachments: # 1 Exhibit Exhibit 1 – Declaration of Dr. Julie Sherrill)(Potts, David) (Entered: 05/18/2023)
05/18/2023 38 NOTICE re: Notice of Filing Proposed Intervenors’ Proposed Pleadings in Intervention by Warren Petersen, Ben Toma . (Attachments: # 1 [Intervenors’ Proposed] Motion to Dismiss, # 2 [Intervenors’ Proposed] Opposition to Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, # 3 Declaration of Dr. Gregory A. Brown, Ph.D., FACSM, in Support of [Intervenors’ Proposed] Opposition to Plaintiffs’ Motion for a Preliminary Injunction, # 4 Declaration of James M. Cantor, Ph.D., in Support of [Intervenors’ Proposed] Opposition to Plaintiffs’ Motion for a Preliminary Injunction, # 5 Declaration of Dr. Chad Thomas Carlson, M.D., FACSM in Support of [Intervenors’ Proposed] Opposition to Plaintiffs’ Motion for a Preliminary Injunction)(Smith, Justin) (Entered: 05/18/2023)
05/18/2023 39 ANSWER to Complaint by Thomas C Horne. (Attachments: # 1 Exhibit Exhibit A)(Wilenchik, Dennis) (Entered: 05/18/2023)
05/18/2023 40 RESPONSE to Motion re: 3 MOTION for Preliminary Injunction filed by Thomas C Horne. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Wilenchik, Dennis) (Entered: 05/18/2023)
05/19/2023 41 MOTION for Leave to File Excess Pages by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 05/19/2023)
05/19/2023 42 SUPPLEMENT re: 40 Response to Motion, by Defendant Thomas C Horne. (Attachments: # 1 Exhibit A)(Wilenchik, Dennis) (Entered: 05/19/2023)
05/22/2023 43 REPLY to Response to Motion re: 19 MOTION to Intervene filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 05/22/2023)
05/23/2023 44 ORDER granting 2 Motion to Proceed Via Pseudonym. Plaintiffs Jane Doe and Megan Roe, and their parents and next friends, Helen Doe, James Doe, Kate Roe, and Robert Roe, may proceed using pseudonyms in this matter. Signed by Judge Jennifer G Zipps on 5/23/23. (MYE) (Entered: 05/23/2023)
05/23/2023 45

NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days.

 

Corporate Disclosure Statement Deadline set as to Arizona Interscholastic Association Incorporated and Gregory School. (SVC) (Entered: 05/23/2023)

05/23/2023 46 NOTICE of Appearance by Lisa Anne Smith on behalf of Gregory School. (Smith, Lisa) (Entered: 05/23/2023)
05/23/2023 47 REPLY to Response to Motion re: 21 MOTION to Change Venue/Transfer Case to Phoenix Division filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 05/23/2023)
05/24/2023 48 ORDERED that Defendant Horne’s Request for Extension (Doc. 31 ) is DENIED as moot. Signed by Judge Jennifer G Zipps on 5/24/23. (MYE) (Entered: 05/24/2023)
05/24/2023 49 ORDERED that Plaintiffs’ Motion (Doc. 41 ) is GRANTED. Plaintiffs’ Reply may consist of no more than 25 pages exclusive of cover, signature pages, and attachments. Signed by Judge Jennifer G Zipps on 5/24/23. (MYE) (Entered: 05/24/2023)
05/25/2023 50 ANSWER to 1 Complaint by Arizona Interscholastic Association Incorporated.(Nelson, Kristian) (Entered: 05/25/2023)
05/25/2023 51 RESPONSE to Motion re: 3 MOTION for Preliminary Injunction filed by Arizona Interscholastic Association Incorporated. (Attachments: # 1 Exhibit 1)(Nelson, Kristian) (Entered: 05/25/2023)
05/26/2023 52 ORDERED that Defendant Horne’s Motion to Transfer (Doc. 21 ) is DENIED. Signed by Judge Jennifer G Zipps on 5/25/23. (MYE) (Entered: 05/26/2023)
05/26/2023 53 ORDERED setting a hearing on Plaintiffs’ Motion for Preliminary Injunction (Doc. 3 .) on June 26, 2023 at 9:00 a.m. in Courtroom 5D, 405 West Congress Street, Tucson, Arizona 85701 before the Honorable Jennifer G. Zipps. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement on or before June 16, 2023. Signed by Judge Jennifer G Zipps on 5/25/23. (See attached Order for complete details.)(MYE) (Entered: 05/26/2023)
05/26/2023 54 Corporate Disclosure Statement by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 05/26/2023)
05/30/2023 55 Corporate Disclosure Statement by Gregory School. (Smith, Lisa) (Entered: 05/30/2023)
05/30/2023 56 DEFENDANT’S DEMAND for Jury Trial by Thomas C Horne. (Wilenchik, Dennis) (Entered: 05/30/2023)
05/30/2023 57 *MOTION for Hearing or Conference re: Preliminary Injunction (REQUEST TO RESCHEDULE) by Thomas C Horne. (Attachments: # 1 Proposed Order)(Wilenchik, Dennis) *Modified to correct event type on 5/31/2023 (JAM). (Entered: 05/30/2023)
05/30/2023 58 *SECOND SUPPLEMENT re: 40 RESPONSE to 3 MOTION for Preliminary Injunction filed by Thomas C Horne. (Wilenchik, Dennis) *Modified to correct event type on 5/31/2023 (JAM). (Entered: 05/30/2023)
05/30/2023 59 STIPULATION re: 1 Complaint (STIPULATION IN LIEU OF ANSWER BY DEFENDANTS KYRENE SCHOOL DISTRICT AND LAURA TOENJES) by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/30/2023)
05/31/2023 60 *NOTICE of Supplemental Authority in Support of Motion to Intervene re: 19 MOTION to Intervene by Intervenor Defendants Warren Petersen, Ben Toma. (Attachments: # 1 Exhibit Ninth Circuit Order in Isaacson, # 2 Exhibit Legislative Leaders’ Motion to Intervene in Isaacson, # 3 Exhibit Isaacson Plaintiffs’ Opposition to Intervention)(Smith, Justin) *Modified to correct event type on 6/1/2023 (JAM). (Entered: 05/31/2023)
06/01/2023 61 RESPONSE to Motion re: 57 MOTION to Continue filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/01/2023)
06/01/2023 62 REPLY to Response to Motion re: 3 MOTION for Preliminary Injunction [Plaintiffs’ Reply to Defendant The Gregory School in Support of Plaintiffs’ Motion for Preliminary Injunction] filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/01/2023)
06/01/2023 63 MOTION to Strike 38 Notice (Other),,, [Proposed Intervenors’ Proposed Motion to Dismiss] by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/01/2023)
06/01/2023 64 RESPONSE in Opposition re: 37 MOTION to Dismiss Case of The Gregory School and Proposed Intervenors’ Proposed Motion to Dismiss filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/01/2023)
06/01/2023 65 REPLY to Response to Motion re: 3 MOTION for Preliminary Injunction [Plaintiffs’ Reply to Defendant Horne and the Proposed Intervenors in Support of Plaintiffs’ Motion for Preliminary Injunction] filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Exhibit Rebuttal Declaration of Dr. Stephanie Budge, Ph.D., # 2 Exhibit Rebuttal Declaration of Daniel Shumer, M.D.)(Proksel, Colin) (Entered: 06/01/2023)
06/02/2023 66 *Amended MOTION to Reschedule Hearing re: 57 MOTION to Continue by Thomas C Horne. (Wilenchik, Dennis) *Modified to correct motion type on 6/6/2023 (MYE). (Entered: 06/02/2023)
06/02/2023 67 MOTION for Reconsideration re: 52 Order on Motion to Change Venue by Thomas C Horne. (Attachments: # 1 Proposed Order)(Wilenchik, Dennis) (Entered: 06/02/2023)
06/05/2023 68 ORDERED setting a telephonic Scheduling Conference set for 6/12/2023 at 02:00 PM before Judge Jennifer G Zipps. Signed by Judge Jennifer G Zipps on 6/2/23. (MYE) (Entered: 06/05/2023)
06/05/2023 69 ORDERED that Defendant Horne’s Motion for Reconsideration (Doc. 67 ) is DENIED. Signed by Judge Jennifer G Zipps on 6/2/23. (MYE) (Entered: 06/05/2023)
06/06/2023 70 REPLY to Response to Motion re: 3 MOTION for Preliminary Injunction [Plaintiffs’ Reply to Defendant Arizona Interscholastic Association Inc. in Support of Plaintiffs’ Motion for Preliminary Injunction] filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/06/2023)
06/07/2023 71 NOTICE of Appearance by Dennis Ira Wilenchik on behalf of Thomas C Horne. (Wilenchik, Dennis) (Entered: 06/07/2023)
06/07/2023 72 SUPPLEMENT THIRD SUPPLEMENT TO DEFENDANT HORNES RESPONSE TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION re: 3 MOTION for Preliminary Injunction by Defendant Thomas C Horne. (Wilenchik, Dennis) (Entered: 06/07/2023)
06/07/2023 73 NOTICE re: DEFENDANT HORNES RULE 10(c) NOTICE OF ADOPTION BY REFERENCE OF EXPERT DECLARATIONS SUBMITTED BY THE PROPOSED INTERVENORS by Thomas C Horne . (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C)(Wilenchik, Dennis) (Entered: 06/07/2023)
06/08/2023 74 RESPONSE in Opposition re: 63 MOTION to Strike 38 Notice (Other),,, [Proposed Intervenors’ Proposed Motion to Dismiss] filed by Warren Petersen, Ben Toma. (Attachments: # 1 Exhibit [Intervenors’ Proposed] Motion to Dismiss)(Smith, Justin) (Entered: 06/08/2023)
06/08/2023 75 NOTICE re: Notice of Filing Proposed Intervenors’ Proposed Reply Brief by Warren Petersen, Ben Toma re: 38 Notice (Other),,, . (Attachments: # 1 Exhibit [Intervenors’ Proposed] Reply in Support of Motion to Dismiss, # 2 Exhibit 1 — DSM-III-R)(Smith, Justin) (Entered: 06/08/2023)
06/08/2023 76 NOTICE re: Plaintiffs’ Partial Withdrawal of Argument Against Defendant The Gregory School by Helen Doe, James Doe, Kate Roe, Robert Roe re: 62 Reply to Response to Motion, 64 Response in Opposition to Motion . (Proksel, Colin) (Entered: 06/08/2023)
06/08/2023 77 REPLY to Response to Motion re: 37 MOTION to Dismiss Case filed by Gregory School. (Attachments: # 1 Exhibit Exhibit 1 – Email Exchange)(Potts, David) (Entered: 06/08/2023)
06/11/2023 78 DECLARATION of HELEN DOE IN SUPPORT OF JANE DOESMOTION FOR A PRELIMINARY INJUNCTION re: 3 MOTION for Preliminary Injunction, 7 Declaration (SECOND DECLARATION of HELEN DOE) by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 06/11/2023)
06/12/2023 79 ORDER: Proposed Intervenors the Legislators’ Motion to Intervene (Doc. 19 ) is GRANTED in part and DENIED in part. The Legislators are directed to file a clean copy of their Opposition to Plaintiffs’ Motion for a Preliminary Injunction, (filed at Doc. 38-2), along with supporting declarations. Plaintiffs’ Motion to Strike the Proposed Intervenors’ Proposed Motion to Dismiss (Doc. 63 ) is DENIED as moot. Signed by Judge Jennifer G Zipps on 6/12/23. (MYE) (Entered: 06/12/2023)
06/12/2023 80

MINUTE ENTRY for proceedings held before Judge Jennifer G Zipps: Scheduling Conference held on 6/12/2023.Parties heard regarding rescheduling of the motion hearing for preliminary injunction. Parties agree the hearing should last no more than 3 hours. For reasons set forth on the record, the Amended Motion to Reschedule Hearing by Defendant Horne 66 is granted. The motion hearing on Plaintiffs’ Motion for Preliminary Injunction 3 is reset for July 10, 2023 at 1:30 p.m. in Courtroom 5D, 405 West Congress Street, Tucson, Arizona 85701 before the Honorable Jennifer G. Zipps. Additionally, the Court will hear argument on the Defendant Gregory School’s Motion to Dismiss 37 at the July 10 hearing. 90 minutes will be allocated to Plaintiffs and 90 minutes will be allocated to Defendants and Intervenors.

 

In light of the parties’ decision to present declarations in lieu of witness testimony, each party is directed to submit a statement identifying the documentary exhibits and declarations that the party intends to rely on for purposes of the hearing by close of business on June 29, 2023. If those documents are already in the record, they need not be re-filed but the party must specifically identify where each document may be found. Any exhibit or declaration that is not yet in the record must be filed on or before June 29, 2023. Proposed findings of fact and conclusions of law are due on or before July 5, 2023. Parties are relieved of the obligation to submit a joint pre-hearing statement.

 

APPEARANCES: Telephonic appearance by Colin Matthew Proksel, Justin R. Rassi, and Rachel Berg for Plaintiffs; Karl McKay Worthington and Maria Syms for Defendant Horne; David Calvin Potts for defendant Gregory School; Kristian Eric Nelson and Greg Clifton for defendant Arizona Interscholastic Association Incorporated; Dean John Sauer and Justin D. Smith for Intervenors. (Court Reporter Aaron LaDuke.) Hearing held 2:04 pm to 2:36 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 06/14/2023)

06/14/2023 81 NOTICE re: Supplemental Authority by Helen Doe, James Doe, Kate Roe, Robert Roe . (Proksel, Colin) (Entered: 06/14/2023)
06/20/2023 82 RESPONSE in Opposition re: 3 MOTION for Preliminary Injunction filed by Warren Petersen, Ben Toma. (Attachments: # 1 Declaration of Dr. Gregory A. Brown, Ph.D., FACSM, in Support of Intervenors’ Opposition to Plaintiffs’ Motion for a Preliminary Injunction, # 2 Declaration of James M. Cantor, Ph.D., in Support of Intervenors’ Opposition to Plaintiffs’ Motion for a Preliminary Injunction, # 3 Declaration of Dr. Chad Thomas Carlson, M.D., FACSM in Support of Intervenors’ Opposition to Plaintiffs’ Motion for a Preliminary Injunction)(Smith, Justin) (Entered: 06/20/2023)
06/20/2023 83 PETITION re: EMERGENCY PETITION FOR WRIT OF MANDAMUS UNDER CIRCUIT RULE 27-3 — RELIEF NEEDED BY JULY 7, 2023 by Defendant Thomas C Horne. (Attachments: # 1 Appendix)(Wilenchik, Dennis) (Entered: 06/20/2023)
06/20/2023 85 ORDER: USCA Case Number re: 83 Emergency Petition for Writ of Mandamus. Case number 23-70111, Ninth Circuit. (BAC) (Entered: 06/22/2023)
06/21/2023 84 NOTICE of Appearance by Jordan Todd Ellel on behalf of Kyrene School District, Laura Toenjes. (Ellel, Jordan) (Entered: 06/21/2023)
06/23/2023 86 *RESPONSE re: Intervenor-Defendants’ Response to Plaintiffs’ Notice of Supplemental Authority by Warren Petersen, Ben Toma re: 81 Notice (Other) . (Smith, Justin) *Modified to correct event type on 6/26/2023 (MYE). (Entered: 06/23/2023)
06/29/2023 87 NOTICE re: Intervenors Statement of Exhibits by Warren Petersen, Ben Toma . (Attachments: # 1 Exhibit 4-Supplemental Declaration of Dr Brown, # 2 Exhibit 5-Supplemental Declaration of Dr Cantor, # 3 Exhibit 6-Supplemental Declaration of Dr Carlson, # 4 Exhibit 7-Catley et al, # 5 Exhibit 8-Davis et al, # 6 Exhibit 9-De Miguel Etayo et al, # 7 Exhibit 10-Dohrmann, # 8 Exhibit 11-Eiberg et al, # 9 Exhibit 12-Gulias Gonzalez et al, # 10 Exhibit 13-Kasovic et al, # 11 Exhibit 14-Kirchengast et al, # 12 Exhibit 15-Lombardo et al, # 13 Exhibit 16-Moreland et al, # 14 Exhibit 17-Sauka et al, # 15 Exhibit 18-Tambalis et al, # 16 Exhibit 19-Taylor et al-1997, # 17 Exhibit 20-Taylor et al-2010, # 18 Exhibit 21-Thomas et al, # 19 Exhibit 22-Tonnessen et al, # 20 Exhibit 23-UK Sports Council, # 21 Exhibit 24-Woll et al, # 22 Exhibit 25-Zheng et al, # 23 Exhibit 26-DSM-V-TR, # 24 Exhibit 27-Barrera et al, # 25 Exhibit 28-Handelsman et al 2018, # 26 Exhibit 29-Handelsman 2017, # 27 Exhibit 30-Hughes et al, # 28 Exhibit 31-McManus et al, # 29 Exhibit 32-Klaver et al, # 30 Exhibit 33-Tack et al, # 31 Exhibit 34-Riley Gaines Testimony)(Smith, Justin) (Entered: 06/29/2023)
06/29/2023 88 NOTICE re: PLAINTIFFS EXHIBIT LIST FOR PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Helen Doe, James Doe, Kate Roe, Robert Roe . (Attachments: # 1 Exhibit Exhibits 11-17, # 2 Exhibit Exhibits 18-21, # 3 Exhibit Exhibits 22-25)(Proksel, Colin) (Entered: 06/29/2023)
06/29/2023 89 MOTION to Seal Document (CERTAIN OF PLAINTIFFS PRELIMINARY INJUNCTION EXHIBITS) by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order Granting Motion to File Exhibit Under Seal)(Proksel, Colin) (Entered: 06/29/2023)
06/29/2023 90 FILED AT DOC. 108 PURSUANT TO ORDER DOC. 107 —SEALED LODGED Proposed CERTAIN OF PLAINTIFFS PRELIMINARY INJUNCTION EXHIBITS re: 89 MOTION to Seal Document (CERTAIN OF PLAINTIFFS PRELIMINARY INJUNCTION EXHIBITS). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Exhibit 11-13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16)(Proksel, Colin) Modified on 7/6/2023 (DLC). (Entered: 06/29/2023)
06/29/2023 91 MOTION for Leave to File Non-Electronic Exhibit by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 06/29/2023)
06/29/2023 92 NOTICE re: DEFENDANT HORNES EXPERT REPORTS AND EXHIBITS FOR PRELIMINARY INJUNCTION HEARING by Thomas C Horne . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (1 of 5), # 3 Exhibit 2 (2 of 5), # 4 Exhibit 2 (3 of 5), # 5 Exhibit 2 (4 of 5), # 6 Exhibit 2 (5of 5), # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33)(Wilenchik, Dennis) (Entered: 06/29/2023)
06/29/2023 93 Exhibit List for the Hearing on the Motion for a Preliminary Injunction by Gregory School. (Potts, David) (Entered: 06/29/2023)
06/29/2023 101 ORDER: USCA Case Number re: 85 Emergency Petition for Writ of Mandamus. Petitioner has not demonstrated a clear and indisputable right to the extraordinary remedy of mandamus, or any other relief. The petition is denied. DENIED. (BAC) (Entered: 07/03/2023)
06/30/2023 94 NOTICE TO FILER OF DEFICIENCY re: 92 Notice (Other) filed by Thomas C Horne. Document not in compliance with LRCiv 5.5(g) – Documents signed by an attorney shall be filed using that attorney’s ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Karl Worthington but submitted using the log-in and password belonging to attorney Dennis Wilenchik. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 06/30/2023)
06/30/2023 95 NOTICE of Appearance by Ashley E Caballero-Daltrey on behalf of Gregory School. (Caballero-Daltrey, Ashley) (Entered: 06/30/2023)
06/30/2023 96 *MOTION RE OBJECTION TO DEFENDANT HORNES AND PERMISSIVE INTERVENORS NEW EXPERT DECLARATIONS AND MOTION FOR LEAVE TO FILE SUPPLEMENTAL EXHIBITS AND AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) *Modified to correct motion type on 7/3/2023 (MYE). (Entered: 06/30/2023)
06/30/2023 97 MOTION to Supplement PLAINTIFFS EXHIBIT LIST FOR PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION re 88 Notice (Other), by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Exhibit 26, # 2 Proposed Order)(Proksel, Colin) (Entered: 06/30/2023)
06/30/2023 98 MOTION to Intervene by Arizona Women of Action, Anna Van Hoek, Lisa Fink, Amber Zenczak. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order)(Rogers, James) (Entered: 06/30/2023)
07/03/2023 99 RESPONSE in Opposition re: 96 MOTION RE OBJECTION TO DEFENDANT HORNES AND PERMISSIVE INTERVENORS NEW EXPERT DECLARATIONS AND MOTION FOR LEAVE TO FILE SUPPLEMENTAL EXHIBITS AND AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 07/03/2023)
07/03/2023 100 RESPONSE to Motion re: 96 MOTION RE OBJECTION TO DEFENDANT HORNES AND PERMISSIVE INTERVENORS NEW EXPERT DECLARATIONS AND MOTION FOR LEAVE TO FILE SUPPLEMENTAL EXHIBITS AND AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 07/03/2023)
07/05/2023 102 *PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) *Modified to reflect PDF has no signature of filing attorney on 7/6/2023 (MYE). (Entered: 07/05/2023)
07/05/2023 103 ORDER granting 96 Motion for Leave to File Supplemental Exhibits and Amended Proposed Findings of Fact and Conclusions of Law is GRANTED. Plaintiffs must submit their response to the newly submitted evidence and their amended proposed findings of fact and conclusions of law on or before July 7, 2023. IT IS FURTHER ORDERED Defendant Horne and Permissive Intervenors may file an amended proposed findings of fact and conclusions of law on or before July 11, 2023. Signed by Judge Jennifer G Zipps on 7/5/23. (See attached Order for complete details) (JAM) (Entered: 07/05/2023)
07/05/2023 104 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Defendant Thomas C Horne, Intervenor Parties Warren Petersen, Ben Toma. (Wilenchik, Dennis) (Entered: 07/05/2023)
07/06/2023 105 ORDERED that Plaintiffs’ Unopposed Motion for Leave to File Non-Electronic Exhibit in Support of Motion for Preliminary Injunction (Doc. 91 ) is GRANTED. Consistent with the procedure set forth in Section II(N)(2) of the Electronic Case Filing Administrative Policies and Procedures Manual for the District of Arizona, Plaintiffs are permitted to file, in non-electronic form, Exhibit 17 in support of Plaintiffs’ Motion for a Preliminary Injunction and provide a copy of the DVD or thumb drive for the Court. Signed by Judge Jennifer G Zipps on 7/5/23. (MYE) (Entered: 07/06/2023)
07/06/2023 106 ORDERED that Plaintiffs’ Motion to File Supplemental Exhibit to Plaintiffs’ Exhibit List for Plaintiffs’ Motion for Preliminary Injunction (Doc. 97 ) is GRANTED. Plaintiffs may file the Third Declaration of Helen Roe as Exhibit 26 to Plaintiffs’ Exhibit List for Plaintiffs’ Motion for Preliminary Injunction not later than July 7, 2023. Signed by Judge Jennifer G Zipps on 7/5/23. (MYE) (Entered: 07/06/2023)
07/06/2023 107 ORDER granting 89 MOTION to Seal Document (CERTAIN OF PLAINTIFFS PRELIMINARY INJUNCTION EXHIBITS). The Clerk of Court is directed to file under seal Exhibits 11-16 to Plaintiffs’ Exhibit list. Signed by Judge Jennifer G Zipps on 7/5/2023. (DLC) (Entered: 07/06/2023)
07/06/2023 108 Sealed Document: Plaintiff’s Exhibit List for Plaintiff’s Motion for Preliminary Injunction by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Exhibit 11-13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16)(DLC) (Entered: 07/06/2023)
07/06/2023 109 NOTICE by Helen Doe, James Doe, Kate Roe, Robert Roe re: 88 Notice (Other), PLAINTIFFS UPDATED EXHIBIT LIST FOR PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION INCLUDING EXHIBIT 26. (Proksel, Colin) (Entered: 07/06/2023)
07/06/2023 110 NOTICE by Helen Doe, James Doe, Kate Roe, Robert Roe re: 105 Order on Motion for Leave to File,, PLAINTIFFS NOTICE OF FILING NON-ELECTRONIC EXHIBIT. (Proksel, Colin) (Entered: 07/06/2023)
07/07/2023 111 ORDER: IT IS ORDERED that within 14 days of the filing date of this Order, the Plaintiffs shall file a Response to the AWA Motion to Intervene (Doc. 98 ). AWA shall file a Reply pursuant to LRCiv. 7.2(d) and (e)(2). IT IS FURTHER ORDERED that the Reply shall address the scope of intervention, if granted, for the purpose of briefing the Court regarding issues arising in this action, including jointly filed Intervenor Defendant briefs, limited in total to the same page lengths as the Plaintiffs briefs, subject to requests for extended pages if necessary. The parties are not precluded from seeking leave to file over-length briefs, pursuant to a stipulation. Signed by Judge Jennifer G Zipps on 7/7/2023. (See attached Order for complete information.)(SCA) (Entered: 07/07/2023)
07/07/2023 112 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (AMENDED) by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Attachment Redline from 2023-07-05 Filing)(Proksel, Colin) (Entered: 07/07/2023)
07/07/2023 113 NOTICE by Helen Doe, James Doe, Kate Roe, Robert Roe re: 88 Notice (Other), 109 Notice (Other) PLAINTIFFS UPDATED EXHIBIT LIST FOR PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION INCLUDING EXHIBIT 27. (Proksel, Colin) (Entered: 07/07/2023)
07/10/2023 114 NOTICE re: Notice of Supplemental Authority by Warren Petersen, Ben Toma . (Attachments: # 1 Attachment Sixth Circuit opinion in L.W. et al. v. Skrmetti et al.)(Smith, Justin) (Entered: 07/10/2023)
07/10/2023 115

MINUTE ENTRY for proceedings held before Judge Jennifer G. Zipps: Motion Hearing held on 7/10/2023. Parties present their arguments to the Court. As set forth on the record, Plaintiffs’ Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof (Doc. 3 ) and Defendant The Gregory School’s Motion to Dismiss (Doc. 37 ) are taken under advisement. Parties are to meet and confer regarding setting deadlines for resolution of the cases outside of these motions. Formal scheduling order to follow.

 

APPEARANCES: Amy Whelan, Amy Zimmerman, Colin Proksel and Justin Rassi for Plaintiffs. Dennis Wilenchik, Karl Worthington and Maria Syms for Defendant Thomas C. Horne. David Potts and Lisa Smith for Defendant Gregory School. Kristian Nelson for Arizona Interscholastic Association Incorporated. Dean Sauer and Justin Smith for Intervenors. (Court Reporter Aaron LaDuke.) Hearing held 1:32 pm to 4:43 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 07/11/2023)

07/11/2023 116 PROPOSED FINDINGS OF FACT (AMENDED) by Defendant Thomas C Horne, Intervenor Parties Warren Petersen, Ben Toma. (Wilenchik, Dennis) (Entered: 07/11/2023)
07/12/2023 117

MINUTE ORDER: On July 11, 2023, Defendants Horne, Petersen, and Toma filed Amended Proposed Findings of Fact and Conclusions of Law. Defendants failed to seek leave of Court prior to filing this document. More importantly, the Amended Findings are not redlined and do not indicate how the Amended Findings are different.

 

Accordingly, IT IS HEREBY ORDERED that Defendants may file Amended Proposed Findings of Fact and Law, but they must do so before 12:00 pm on July 13.

 

Ordered by Judge Jennifer G. Zipps. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 07/12/2023)

07/13/2023 118 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Thomas C Horne, Warren Petersen, Ben Toma . (Attachments: # 1 Attachment)(Wilenchik, Dennis) (Entered: 07/13/2023)
07/13/2023 119 PROPOSED FINDINGS OF FACT (AMENDED/CORRECTED) by Defendant Thomas C Horne, Intervenor Parties Warren Petersen, Ben Toma. (Attachments: # 1 Attachment)(Wilenchik, Dennis) (Entered: 07/13/2023)
07/13/2023 120 First MOTION for Extension of Time to File Response/Reply as to 98 MOTION to Intervene by Lisa Fink, USA Women of Action, Anna Van Hoek, Amber Zenczak. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 07/13/2023)
07/14/2023 121 TRANSCRIPT REQUEST by Helen Doe, James Doe, Kate Roe, Robert Roe for proceedings held on 7/10/2023, Judge Jennifer G Zipps hearing judge(s). (Proksel, Colin) (Entered: 07/14/2023)
07/14/2023 122 ORDER: Pursuant to Rules 1 and 16 of the Federal Rules of Civil Procedure, a telephonic Scheduling Conference is set for August 25, 2023, at 3:00 p.m., before the Honorable Jennifer G. Zipps. The parties are directed to confer at least fourteen (14) days before the conference. Counsel shall file with the Court, at least four (4) days before the scheduled conference, a Joint Report reflecting the results of their meeting and outlining the discovery plan. Signed by Judge Jennifer G Zipps on 7/14/23. (See attached Order for complete details.)(MYE) (Entered: 07/14/2023)
07/18/2023 123 TRANSCRIPT REQUEST by Warren Petersen, Ben Toma for proceedings held on 07/10/2023, Judge Jennifer G Zipps hearing judge(s). (Smith, Justin) (Entered: 07/18/2023)
07/18/2023 124 NOTICE TO FILER OF DEFICIENCY re: AO435 123 Transcript Request filed by Warren Petersen, Ben Toma. Item 18 – ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 07/18/2023)
07/18/2023 125 AMENDED TRANSCRIPT REQUEST pursuant to 124 Notice of Deficiency by Warren Petersen, Ben Toma for proceedings held on 07/10/2023, Judge Jennifer G Zipps hearing judge(s). (Smith, Justin) (Entered: 07/18/2023)
07/19/2023 126 ORDERED Proposed Intervenors Parent Representatives’ Unopposed Motion for Extension of Time to File Reply in Support [of] Motion to Intervene (Doc. 120 ) is GRANTED. Proposed Intervenors shall have up to and including August 4, 2023, to file their reply in support of motion to intervene. Signed by Judge Jennifer G Zipps on 7/14/23. (MYE) (Entered: 07/19/2023)
07/19/2023 131 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 07/10/2023 before Judge JENNIFER G. ZIPPS. [Court Reporter: Aaron H. LaDuke, RMR, CRR, Telephone number (520) 205-4264]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court’s public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/11/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/19/2023. (RAP) (Entered: 07/21/2023)
07/20/2023 127 ORDER granting 3 Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Defendant Horne is enjoined from enforcing A.R.S. § 15-120.02 as to Plaintiffs. IT IS FURTHER ORDERED that the Act shall not prevent Plaintiffs from participating in girls’ sports and, as agreed by Kyrene School District and Laura Toenjes, in her official capacity, pursuant to the Stipulation in Lieu of an Answer (Doc. 59), and by TGS in open Court at the hearing for the Preliminary Injunction, the Plaintiffs shall be allowed to play girls’ sports at their respective schools. IT IS FURTHER ORDERED that the AIA transgender policy, § 41.9, complies with the terms of this preliminary injunction. Signed by Judge Jennifer G Zipps on 7/20/23. (MYE) (Entered: 07/20/2023)
07/21/2023 128 ORDERED that the parties’ Stipulation in Lieu of Answer By Defendants Kyrene School District and Laura Toenjes (Doc. 59 ) is GRANTED. Signed by Judge Jennifer G Zipps on 7/20/23. (MYE) (Entered: 07/21/2023)
07/21/2023 129 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 127 Order on Motion for Preliminary Injunction,,, by Warren Petersen, Ben Toma. Filing fee received: $ 505.00, receipt number AAZDC-22130132. (Attachments: # 1 Attachment Ninth Circuit Forms 1 and 6)(Smith, Justin) (Entered: 07/21/2023)
07/21/2023 130 RESPONSE in Opposition re: 98 MOTION to Intervene Filed by Anna Van Hoek, Lisa Fink, Amber Zenczak, and Arizona Women of Action filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 07/21/2023)
07/24/2023 132 MOTION to Stay re: 127 Order on Motion for Preliminary Injunction,,, by Warren Petersen, Ben Toma. (Attachments: # 1 Proposed Order Proposed Order)(Smith, Justin) (Entered: 07/24/2023)
07/24/2023 133 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 127 Order on Motion for Preliminary Injunction,,, by Thomas C Horne. Filing fee received: $ 505.00, receipt number AAZDC-22137309. (Wilenchik, Dennis) (Entered: 07/24/2023)
07/24/2023 134 USCA Case Number re: 129 Notice of Appeal. Case number 23-16026, Ninth Circuit. (Distributed by the 9th Circuit) (BAC) (Entered: 07/26/2023)
07/25/2023 135 USCA Case Number re: 133 Notice of Appeal. Case number 23-16030, Ninth Circuit. (Distributed by the 9th Circuit) (BAC) (Entered: 07/26/2023)
07/31/2023 136 ORDER DENYING Intervenor-Defendants’ 132 Motion for Stay Pending Appeal and Request for Administrative Stay. Signed by Judge Jennifer G Zipps on 7/31/23. (BAC) (Entered: 07/31/2023)
08/01/2023 137 *MOTION (Titled as: PETITION for a Writ of Habeas Corpus) by Mark Marvin. (Attachments: # 1 Memorandum, # 2 Envelope)(MYE) *Modified to add motion type per chambers on 8/4/2023 (MYE). (Entered: 08/03/2023)
08/04/2023 138 REPLY to Response to Motion re: 98 MOTION to Intervene filed by Lisa Fink, USA Women of Action, Anna Van Hoek, Amber Zenczak. (Rogers, James) (Entered: 08/04/2023)
08/14/2023 139 ORDERED that the Petition for a Writ of Habeas Corpus (Doc. 137 ) is DENIED. Signed by Judge Jennifer G Zipps on 8/14/23. (MYE) (Entered: 08/14/2023)
08/14/2023 140 ORDER of USCA re: 133 Notice of Appeal filed by Thomas C Horne, 129 Notice of Appeal filed by Warren Petersen, Ben Toma. The motions to stay the district court’s 7/20/23 order granting the motion for preliminary injunction (Docket Entry No. 7 in No. 23-16026 and Docket Entry No. 11 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 9/8/23. (See attached PDF for complete information). (Distributed by the 9th Circuit) (BAC) (Entered: 08/16/2023)
08/21/2023 141 REPORT of Rule 26(f) Planning Meeting by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 08/21/2023)
08/22/2023 142 ORDERED that Intervenor Legislator Defendants are instructed to participate in the Rule 16 telephonic Scheduling Conference scheduled for August 25, 2023, at 3:00 p.m. Signed by Judge Jennifer G Zipps on 8/22/23. (MYE) (Entered: 08/22/2023)
08/25/2023 143 REPORT of Rule 26(f) Planning Meeting by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 08/25/2023)
08/25/2023 145

MINUTE ENTRY for proceedings held before Judge Jennifer G. Zipps: Scheduling Conference held on 8/25/2023. Discussion held regarding discovery deadlines and the opportunity for the legislative intervenors to file an answer or motion to dismiss as the rules permit. Procedure regarding discovery disputes addressed. Formal Order to follow.

 

APPEARANCES: Telephonic appearances by Rachael Berg, Amy Zimmerman and Ardis Strong for Plaintiffs. Telephonic appearances by Karl Worthington and Maria Syms for defendant Thomas C. Horne. Telephonic appearance by Jordan Ellel for defendants Laura Toenjes and Kyrene School District. Telephonic appearances by David Potts and Lisa Smith for defendant Gregory School. Telephonic appearance by Kristian Nelson for defendant Arizona Interscholastic Association Incorporated. Telephonic appearances by Dean Sauer and Justin Smith for intervenor Warren Petersen. Rachel Berg for Plaintiffs. Telephonic appearance by Karl Worthington and Maria Syms for Defendant Horne. (Court Reporter Aaron LaDuke.) Hearing held 3:03 pm to 3:18 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 08/29/2023)

08/28/2023 144 ORDER: All fact discovery shall be completed on or before 3/8/2024, and all expert discovery shall be completed on or before 7/19/2024; Dispositive motions due by 8/16/2024; Joint Proposed Pretrial Order due by 9/16/2024; and Joint Settlement Status Report due by 1/22/2024, and every ninety (90) days thereafter. Signed by Judge Jennifer G Zipps on 8/25/23. (See attached Order for complete details.)(MYE) (Entered: 08/28/2023)
09/12/2023 146 MOTION to Dismiss Case by Warren Petersen, Ben Toma. (Attachments: # 1 Exhibit Exhibit 1)(Smith, Justin) (Entered: 09/12/2023)
09/15/2023 147 Joint MOTION for Protective Order AND ESI PROTOCOL by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order Protective Order, # 2 Proposed Order ESI Protocol)(Proksel, Colin) (Entered: 09/15/2023)
09/21/2023 148 ORDERED that Parties’ Joint Motion for ESI Protocol (Doc. 147 ) is GRANTED. Signed by Judge Jennifer G Zipps on 9/20/23. (MYE) (Entered: 09/21/2023)
09/21/2023 149 PROTECTIVE ORDER: IT IS ORDERED Parties’ Joint Motion for Protective Order (Doc. 147 ) is GRANTED. (See attached Order for complete details.) Signed by Judge Jennifer G Zipps on 9/20/23. (MYE) (Entered: 09/21/2023)
09/26/2023 150 RESPONSE in Opposition re: 146 MOTION to Dismiss Case filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 09/26/2023)
09/26/2023 151 NOTICE re: Constitutional Question by Helen Doe, James Doe, Kate Roe, Robert Roe . (Proksel, Colin) (Entered: 09/26/2023)
09/29/2023 152 *NOTICE of Service of Discovery – Intervenor-Defendants President Petersen’s and Speaker Toma’s Rule 26(A)(1) Initial Disclosures filed by Warren Petersen, Ben Toma. (Smith, Justin) *Modified to have docket text title reflect document title on 10/2/2023 (MCO). (Entered: 09/29/2023)
09/29/2023 153 *NOTICE of Service of Discovery – Defendants Kyrene School District and Laura Toenjes Rule 26(a)(1) Initial Disclosure filed by Kyrene School District, Laura Toenjes. (Ellel, Jordan) *Modified to have docket text title reflect document title on 10/2/2023 (MCO). (Entered: 09/29/2023)
09/29/2023 154 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 09/29/2023)
09/29/2023 155 *NOTICE of Service of Discovery – Defendant Hore’s Rule 26(A)(1) Initial Disclosure Statement filed by Thomas C Horne. (Wilenchik, Dennis) *Modified to have docket text title reflect document title on 10/2/2023 (MCO). (Entered: 09/29/2023)
10/03/2023 156 MOTION to Strike 56 Demand for Jury Trial by Defendant Thomas C. Horne by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 10/03/2023)
10/03/2023 157 REPLY to Response to Motion re: 146 MOTION to Dismiss Case filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 10/03/2023)
10/05/2023 158 NOTICE of Service of Discovery filed by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 10/05/2023)
10/16/2023 159 *RESPONSE to Motion re: 156 MOTION to Strike 56 Demand for Jury Trial and Rule 39(C) CROSS MOTION for Advisory Jury filed by Thomas C Horne. (Wilenchik, Dennis) *Modified to add motion type on 10/17/2023 (MYE). (Entered: 10/16/2023)
10/23/2023 160 ORDER denying 98 Proposed Intervenors Motion to Intervene. Signed by Judge Jennifer G Zipps on 10/20/23. (MYE) (Entered: 10/23/2023)
10/23/2023 161 REPLY to Response to Motion re: 156 MOTION to Strike 56 Demand for Jury Trial by Defendant Thomas C. Horne , RESPONSE in Opposition re: 159 MOTION for an Advisory Jury filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 10/23/2023)
10/24/2023 162 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 160 Order on Motion to Intervene by Lisa Fink, USA Women of Action, Anna Van Hoek, Amber Zenczak. Filing fee received: $ 505.00, receipt number AAZDC-22422406. (Attachments: # 1 Forms Ninth Circuit Forms 1 and 6)(Rogers, James) (Entered: 10/24/2023)
10/30/2023 163 REPLY to Response to Motion re: 159 MOTION Defendant Horne’s Reply in Support of Rule 39 (c) Cross-Motion for Advisory Jury filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 10/30/2023)
10/30/2023 164 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 10/30/2023)
10/31/2023 165 USCA Case Number re: 162 Notice of Appeal. Case number 23-3188, Ninth Circuit. (Distributed by the 9th Circuit) (BAC) (Entered: 11/01/2023)
11/06/2023 166 TRANSCRIPT REQUEST by Lisa Fink, USA Women of Action, Anna Van Hoek, Amber Zenczak for proceedings held on 7/10/2023, Judge Jennifer G Zipps hearing judge(s). (Rogers, James) (Entered: 11/06/2023)
11/13/2023 167 NOTICE of Service of Discovery filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 11/13/2023)
11/29/2023 168 NOTICE of Service of Discovery filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 11/29/2023)
11/30/2023 169 NOTICE of Service of Discovery filed by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 11/30/2023)
12/06/2023 170 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 12/06/2023)
12/06/2023 171 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 12/06/2023)
12/11/2023 172 ORDERED TGS’s Motion to Dismiss (Doc. 37 ) is granted in part and denied in part. The Title IX and Rehabilitation claims asserted against TGS are dismissed. TGS’s request to dismiss Plaintiffs’ Title III ADA claim is denied. Signed by Judge Jennifer G Zipps on 12/11/23. (MYE) (Entered: 12/11/2023)
12/13/2023 173 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 12/13/2023)
12/14/2023 174 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 12/14/2023)
12/21/2023 175 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 12/21/2023)
12/26/2023 176 ANSWER to 1 Complaint by Gregory School.(Potts, David) (Entered: 12/26/2023)
01/05/2024 177 ORDER that Plaintiffs’ Motion to Strike Defendant Horne’s Demand for a Jury Trial (Doc. 156 ) is granted. IT IS FURTHER ORDERED Defendant’s Cross-Motion for an Advisory Jury (Doc. 159 ) is denied. (See attached Order for complete details) Signed by Judge Jennifer G Zipps on 1/5/2024. (MCO) (Entered: 01/05/2024)
01/22/2024 178 NOTICE of Service of Discovery filed by Warren Petersen, Ben Toma. (Sauer, Dean) (Entered: 01/22/2024)
01/22/2024 179 STATUS REPORT (JOINT SETTLEMENT STATUS REPORT) by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 01/22/2024)
01/23/2024 180 NOTICE TO FILER OF DEFICIENCY re: 178 Notice of Service of Discovery filed by Warren Petersen, Ben Toma. Document not in compliance with LRCiv 5.5(g) – Documents signed by an attorney shall be filed using that attorney’s ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Justin D. Smith but submitted using the log-in and password belonging to attorney Dean Sauer. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 01/23/2024)
01/29/2024 181 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 01/29/2024)
01/30/2024 182 First MOTION for Extension of Time to Complete Discovery by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 01/30/2024)
01/30/2024 183 NOTICE of Service of Discovery filed by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 01/30/2024)
01/31/2024 184 ORDERED if Intervenor-Defendants intend to file a response to Plaintiffs’ Motion to Extend Fact Discovery (Doc. 182 ), they must do so on or before February 9, 2024. If Plaintiffs intend to file a reply to Intervenor-Defendants’ response, they must do so on or before February 14, 2024. Signed by Judge Jennifer G Zipps on 1/31/24. (MYE) (Entered: 01/31/2024)
01/31/2024 185 RESPONSE in Opposition re: 182 First MOTION for Extension of Time to Complete Discovery filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 01/31/2024)
02/02/2024 186 REPLY to Response to Motion re: 182 First MOTION for Extension of Time to Complete Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 02/02/2024)
02/08/2024 187 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 02/08/2024)
02/22/2024 188 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 02/22/2024)
02/27/2024 189 ORDER granting 182 Motion to Extend Discovery Deadlines. The new case deadlines are as follows: Fact Discovery due by 5/7/2024; Dispositive motions due by 10/15/2024. Signed by Judge Jennifer G Zipps on 2/26/24. (MYE) (Entered: 02/27/2024)
02/27/2024 190 ORDERED Plaintiffs’ request to file a Motion to Compel Discovery is granted. Parties’ proposed briefing schedule is adopted. Signed by Judge Jennifer G Zipps on 2/26/24. (MYE) (Entered: 02/27/2024)
03/01/2024 191 MOTION to Compel DISCOVERY AS TO INTERVENOR-DEFENDANTS by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 PLAINTIFFS LRCIV 7.2(J)-(K) AND 37.1 STATEMENT, # 2 DECLARATION OF RACHEL H. BERG IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL)(Proksel, Colin) (Entered: 03/01/2024)
03/06/2024 192 ORDERED Plaintiffs’ request to file a Motion for a Protective Order is granted. Parties’ proposed briefing schedule is adopted. Signed by Judge Jennifer G Zipps on 3/5/24. (MYE) (Entered: 03/06/2024)
03/07/2024 193 NOTICE of Service of Discovery filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 03/07/2024)
03/08/2024 194 NOTICE of Service of Discovery filed by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 03/08/2024)
03/08/2024 195 NOTICE of Service of Discovery filed by Thomas C Horne. (Wilenchik, Dennis) (Entered: 03/08/2024)
03/08/2024 196 MOTION for Protective Order by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 DECLARATION OF RACHEL H. BERG, # 2 PROPOSED ORDER)(Proksel, Colin) (Entered: 03/08/2024)
03/08/2024 197 NOTICE of Service of Discovery filed by Warren Petersen, Ben Toma. (Smith, Justin) (Entered: 03/08/2024)
03/18/2024 198 RESPONSE in Opposition re: 191 MOTION to Compel DISCOVERY AS TO INTERVENOR-DEFENDANTS filed by Warren Petersen, Ben Toma. (Attachments: # 1 Affidavit Smith Declaration and Exhibits)(Smith, Justin) (Entered: 03/18/2024)
03/22/2024 199 RESPONSE in Opposition re: 196 MOTION for Protective Order filed by Warren Petersen, Ben Toma. (Attachments: # 1 Affidavit Smith Declaration)(Smith, Justin) (Entered: 03/22/2024)
03/25/2024 200 REPLY to Response to Motion re: 191 MOTION to Compel DISCOVERY AS TO INTERVENOR-DEFENDANTS filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 03/25/2024)
03/29/2024 201 REPLY to Response to Motion re: 196 MOTION for Protective Order filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 DECLARATION OF HELEN DOE, # 2 DECLARATION OF KATE ROE)(Proksel, Colin) (Entered: 03/29/2024)
04/04/2024 202 NOTICE of Service of Discovery filed by Arizona Interscholastic Association Incorporated. (Nelson, Kristian) (Entered: 04/04/2024)
04/18/2024 203 ORDERED that a hearing on Plaintiffs’ Motion to Compel (Doc. 191 ) and Plaintiffs’ Motion for Protective Order (Doc. 196 ) is set for May 7, 2024, at 1:30 p.m. before the Honorable Jennifer G. Zipps in Courtroom 5D, 405 W. Congress Street, Tucson, AZ 85710. Signed by Judge Jennifer G Zipps on 4/18/24. (MYE) (Entered: 04/18/2024)
04/22/2024 204 STATUS REPORT (JOINT SETTLEMENT STATUS REPORT) by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 04/22/2024)
04/25/2024 205 Second MOTION for Extension of Time to Complete Discovery by Helen Doe, James Doe, Kate Roe, Robert Roe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 04/25/2024)
04/25/2024 206 NOTICE of Service of Discovery filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 04/25/2024)

Last updated 05/04/2024
Reconciled with online docket 05/01/2024