D. Idaho 1:17-cv-00170 Docket

F.V. v. Barron
previously F.V. v. Armstrong
No. 1:17-cv-00170, Case History (under construction)

Court: District of Idaho (Boise – Southern)
Assigned to: Judge Candy W. Dale

Date Filed # Docket Text
04/18/2017 1 COMPLAINT against Richard Armstrong, Elke Shaw-Tulloch, James Ayodelotte ( Filing fee $ 400 receipt number 0976-1575262.), filed by F. V.. (Attachments: # 1 Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cockerille, Monica) Modified on 4/18/2017 (cjs).
04/18/2017 2 MOTION FOR PRO HAC VICE APPEARANCE by Peter C. Renn. ( Filing fee $ 225 receipt number 0976-1575292.)Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Cockerille, Monica)
04/18/2017 3 MOTION FOR PRO HAC VICE APPEARANCE by Kara N. Ingelhart. ( Filing fee $ 225 receipt number 0976-1575300.)Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Cockerille, Monica)
04/18/2017 4 MOTION for Protective Order Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Attachments: # 1 Memorandum in Support)(Cockerille, Monica)
04/18/2017 5 Corporate Disclosure Statement by F. V.. (Cockerille, Monica)
04/18/2017 6 DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Peter C Renn for F. V.; approving 3 Motion for Pro Hac Vice Appearance of attorney Kara N Ingelhart for F. V. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
04/18/2017 7 Summons Issued as to Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons)(cjs)
04/21/2017 8 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE – Case Management deadline set for 6/13/2017 for joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/20/2017 04:00 PM in Boise – Courtroom 6 before Judge Candy W. Dale. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
05/08/2017 9 STIPULATION and Notice of Defendant’s Non-Opposition to Plaintiff’s Motion to Proceed Anonymously by F.V.. (Cockerille, Monica)
05/08/2017 10 SUMMONS Returned Executed by F.V.. Richard Armstrong served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica) Modified on 5/8/2017 to edit text to reflect that Richard Armstrong was the party served and regenerate the NEF (jp).
05/08/2017 11 SUMMONS Returned Executed by F.V.. James Ayodelotte served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica)
05/08/2017 12 SUMMONS Returned Executed by F.V.. Elke Shaw-Tulloch served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica)
05/08/2017 Set Deadlines/Hearings: Richard Armstrong answer due 5/11/2017. (jp)
05/10/2017 13 NOTICE of Appearance by W Scott Zanzig on behalf of Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch (Zanzig, W)
05/11/2017 14 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Richard Armstrong, James Ayodelotte, F.V., and Elke Shaw-Tulloch re 1 Complaint and 13 Notice of Appearance. Consent/Objection to Magistrate due by 7/10/2017. (st)
05/11/2017 15 ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(st)
05/12/2017 16 ORDER APPROVING STIPULATION AND GRANTING MOTION FOR PROTECTIVE ORDER. Defendants must file their answer or responsive pleading to the Complaint on or before 6/2/2017. Upon consideration of Defendants’ non-opposition and good cause appearing therefor, the Court will GRANT 4 Plaintiff’s Motion for Protective Order. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
05/12/2017 17 PROTECTIVE ORDER. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
05/16/2017 18 AMENDED DOCKET ENTRY NOTICE of Hearing: Per the request of counsel in this matter, the Telephonic Scheduling Conference currently set for 6/20/2017 04:00 PM MDT is hereby VACATED and RE-SET for 7/11/2017 10:30 AM MDT Telephonic Hearing – Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. Joint Litigation and Discovery Plan to be filed on or before 7/5/2017. (at)
06/01/2017 19 AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs.(Cockerille, Monica)
06/15/2017 20 SECOND AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference set for 7/11/2017 09:30 AM PDT, 10:30 AM MDT Telephonic Hearing – Coeur d’Alene BK/Magistrate Courtroom before Judge Candy W. Dale. On the date and time specified above, the parties shall call the Court’s conferencing phone number at 1-877-848-7030, enter access code 5130870 and security code 1234, then follow the operator’s instructions. Joint Litigation and Discovery Plan to be filed on or before 7/5/2017. (at)
06/28/2017 21 STIPULATION re 19 Amended Complaint (Extend Time to Answer) by Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch. (Zanzig, W)
06/29/2017 22 ORDER RE: STIPULATION TO EXTEND ANSWER DEADLINE AND RE-SETTING TELEPHONIC SCHEDULING CONFERENCE. Defendants must file their answer or responsive pleading to Plaintiffs’ First Amended Complaint no later than 7/28/2017. Further, in consideration of the parties’ attempt to settle this dispute, the Court finds good cause to VACATE the July 11, 2017 telephonic scheduling conference. (Telephonic Scheduling Conference reset for 8/8/2017 09:30 AM in Boise – Courtroom 6 before Judge Candy W. Dale.). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
07/28/2017 23 ANSWER to 19 Amended Complaint by Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch.(Zanzig, W)
08/01/2017 24 SCHEDULING CONFERENCE FORM – LITIGATION PLAN by F.V., Dani Martin. (Cockerille, Monica)
08/01/2017 25 DISCOVERY PLAN by F.V., Dani Martin . (Cockerille, Monica)
08/08/2017 26 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Monica Cockerille, Peter Renn, and Kara Ingelhart for the Plaintiff; Scott Zanzig for the Defendant. Telephonic Scheduling Conference held on 8/8/2017. Court noted a Stipulated Litigation Plan and Discovery Plan were filed in this matter. Motion for Substitution of Russell Barron for Richard Armstrong as a defendant pursuant to Federal Rule of Civil Procedure 25(d) is GRANTED. Order forthcoming. Telephonic Status Conference to be set at a later date, with specific date/time to be included in forthcoming Case Management Order. Time in Court 9:37-9:45 AM. (Hearing not recorded.) (at)
08/08/2017 27 CASE MANAGEMENT ORDER. (Amended Pleadings due by 8/11/2017. Joinder of Parties due by 8/11/2017. Dispositive Motions due by 9/29/2017.). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 08/09/2017)
09/29/2017 28 MOTION for Summary Judgment Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 10/20/2017 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration of F.V., # 4 Declaration of Dani Martin, # 5 Declaration of Randi Ettner, # 6 Declaration of Monica Cockerille)(Cockerille, Monica)
10/20/2017 29 RESPONSE to Motion re 28 MOTION for Summary Judgment filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 11/3/2017. (Attachments: # 1 Attachment)(Zanzig, W)
10/20/2017 30 Statement of Disputed Material Facts filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch.(Zanzig, W)
10/30/2017 31 DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment – Motion Hearing set for 12/18/2017 01:30 PM in Boise – Courtroom 6 before Judge Candy W. Dale. (at)
11/03/2017 32 REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by F.V., Dani Martin.(Cockerille, Monica)
12/07/2017 33 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment – Motion Hearing currently set for 12/18/2017 01:30 PM is hereby VACATED and RE-SET for 1/8/2018 01:30 PM in Boise – Courtroom 6 before Judge Candy W. Dale. (at)
12/13/2017 Set/Reset Deadlines as to 28 MOTION for Summary Judgment internal deadline set by court.
Motion Ripe Deadline set for 11/3/2017. (klw)
01/03/2018 34 SUPPLEMENT by Plaintiffs F.V., Dani Martin re 28 MOTION for Summary Judgment Plaintiffs’ Notice of Supplemental Authority. (Cockerille, Monica)
01/05/2018 35 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment – Per the request of counsel in this matter, the Motion Hearing currently set for 1/8/2018 01:30 PM is hereby VACATED and RE-SET for 2/1/2018 09:30 AM in Boise – Courtroom 6 before Judge Candy W. Dale. (at)
02/01/2018 36 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Kara Ingelhart, Monica Cockerille, and Peter Renn for the Plaintiff; Scott Zanzig for the Defendant. Motion Hearing held on 2/1/2018 re 28 MOTION for Summary Judgment. Oral argument heard. Defendant to file supplemental authority on or before 2/6/2018. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 9:30-10:30 AM. (ESR A. Tate.) Audio File Location Boise – Courtroom 6. (at)
02/06/2018 37 SUPPLEMENT by Defendants James Ayodelotte, Russell Barron, Elke Shaw-Tulloch Supplemental Authority. (Zanzig, W)
02/07/2018 38 SUPPLEMENT by Plaintiffs F.V., Dani Martin Plaintiffs’ Response to Defendants’ Supplemental Authority. (Cockerille, Monica)
03/05/2018 39 MEMORANDUM DECISION AND ORDER (DKT. 28) – NOW THEREFORE IT IS HEREBY ORDERED: 1) The Court GRANTS in part and DENIES in part Plaintiffs Motion for Summary Judgment. (Dkt. 28 .) 2) The Court PERMANENTLY ENJOINS the IDHW Defendants and their officers, employees, and agents from practicing or enforcing the policy of automatically rejecting applications from transgender people to change the sex listed on their birth certificates. 3) IDHW Defendants and their officers, employees, and agents must begin accepting applications made by transgender people to change the sex listed on their birth certificates on or before April 6, 2018; such applications must be reviewed and considered through a constitutionally-sound approval process; upon approval, any reissued birth certificate must not include record of amendment to the listed sex; and where a concurrent application for a name change is submitted by a transgender individual, any reissued birth certificate must not include record of the name change.
IT IS SO ORDERED. Signed by Judge Candy W. Dale. (Attachments: # 1 Court Reference 1 – 2015 Hate Crime Statistics, # 2 Court Reference 2 – American Psychology Association, # 3 Court Reference 3 – Oxford English Dictionary, # 4 Court Reference 4 – American Psychiatric Association) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
03/08/2018 40 Transcript of Proceedings for hearing on Motion for Summary Judgment held on 2/1/18 before Judge Candy W. Dale. Court Reporter/Transcriber Tamara A. Weber, Telephone number 208-899-2177. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed.. Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (st)
03/08/2018 41 Notice of Filing of Official Transcript (st)
04/17/2018 42 NOTICE by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch and Stipulation Regarding Judgment and Time for Bill of Costs and Motion for Attorneys’ Fees (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zanzig, W)
04/20/2018 43 JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiffs. Any bill of costs or motion for attorneys’ fees shall be filed no later than 45 days after entry of this judgment. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
04/25/2018 44 STIPULATION REGARDING AWARD OF ATTORNEYS’ FEES AND COSTS by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. (Zanzig, W)
04/26/2018 45 ORDER APPROVING STIPULATION REGARDING AWARD OF ATTORNEY’S FEES AND COSTS re 44 Stipulation filed by Russell Barron, Elke Shaw-Tulloch, Richard Armstrong, James Ayodelotte. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
04/16/2020 46 MOTION to Clarify Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/7/2020 (Attachments: # 1 Memorandum in Support Plaintiffs’ Memorandum in Support of Motion for Clarification of Order of March 5, 2018, # 2 Attachment – HB 509)(Cockerille, Monica)
04/16/2020 47 MOTION to Expedite Plaintiffs’ Motion to Shorten Time on Briefing for Motion for Clarification of March 5, 2018 Order Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/7/2020 (Cockerille, Monica)
04/16/2020 48 ORDER RE: MOTION TO SHORTEN TIME ON BRIEFING FOR PLAINTIFFS’ MOTION FOR CLARIFICATION (DKT 47). IT IS HEREBY ORDERED that the Motion to Shorten Time on Briefing (Dkt. 47 ) is GRANTED as follows: Defendants’ response to the Motion for Clarification is due May 1, 2020. Plaintiffs’ reply to the Motion for Clarification is due May 11, 2020. IT IS FURTHER ORDERED that a hearing on the Motion for Clarification (Dkt. 46 ) is set for May 19, 2020 at 10:00 a.m. (MT). Prior to the hearing, the parties will be advised regarding by what method the hearing will be conducted. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) (Entered: 04/17/2020)
04/16/2020 Set/Reset Deadlines as to 46 MOTION to Clarify . Responses due by 5/1/2020. Replies due by 5/11/2020. Motion Hearing set for 5/19/2020 10:00 AM before Judge Candy W. Dale. (ckh) (Entered: 04/17/2020)
04/30/2020 49 MOTION FOR PRO HAC VICE APPEARANCE by Nora Huppert. ( Filing fee $ 250 receipt number 0976-2042319.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/21/2020 (Cockerille, Monica)
05/01/2020 50 DOCKET ENTRY ORDER approving 49 Motion for Pro Hac Vice Appearance of attorney Nora Huppert for F.V. and Dani Martin. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
05/01/2020 51 NOTICE of Appearance by Steven Lamar Olsen on behalf of James Ayodelotte, Russell Barron, Elke Shaw-Tulloch (Olsen, Steven)
05/01/2020 52 NOTICE of Appearance by Dayton Patrick Reed on behalf of James Ayodelotte, Russell Barron, Elke Shaw-Tulloch (Reed, Dayton)
05/01/2020 53 MEMORANDUM in Opposition re 46 MOTION to Clarify filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 5/15/2020.(Olsen, Steven)
05/11/2020 54 REPLY to Response to Motion re 46 MOTION to Clarify Plaintiffs’ Reply in Support of Motion for Clarification of March 5, 2018 Order filed by F.V., Dani Martin.Motion Ripe Deadline set for 5/12/2020.(Cockerille, Monica)
05/18/2020 55 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 46 MOTION to Clarify – Video Motion Hearing set for 5/19/2020 10:00 AM MT Video – Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel received video link via separate notification. Parties and/or members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 118 6132, Meeting Password: 361545. (at)
05/19/2020 56 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Peter Renn, Monica Cockerille, Nora Huppert, and Kara Ingelhart for the Plaintiff; Steven Olsen and Dayton Reed for the Defendants. Video Motion Hearing held on 5/19/2020 re 46 MOTION to Clarify. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 10:12-11:35 AM. (ESR A. Tate.) Audio File Location Boise – Courtroom 6. (at)
06/01/2020 57 MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that Plaintiffs’ Motion to Clarify (Dkt. 46 ) is GRANTED IN PART AND DENIED IN PART as state in herein as follows: The motion is granted as to Plaintiffs request for clarification of the Courts Memorandum Decision and Order (Dkt. 39 ) and Judgment (Dkt. 43 ). The Court clarifies that the Order and Judgment (Dkt. 39, 43) permanently enjoing IDHW Defendants and their officers, employees, and agents from automatically rejecting applications from transgender people to change the sex listed on their birth certificates; and require that IDHW Defendants and their officers, employees, and agents accept applications made by transgender people to change the sex listed on their birth certificates; such applications must be reviewed and considered through a constitutionally-sound approval process. The motion is denied as to Plaintiffs request for a determination that enforcement of House Bill 509 is barred by the Courts permanent Injunction. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
06/01/2020 58 MEMORANDUM DECISION & ORDER It is hereby ORDERED that Plaintiffs’ Motion to Clarify 46 is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the Court retains jurisdiction to clarify, modify, and enforce the Order, Injunction, and Judgment entered in this case as necessary. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
06/01/2020 CORRECTIVE ENTRY – Please disregard docket number 57 Order as it is a duplicate of dkt 58 and was docketed twice in error.(jp) **Modified on 7/15/2020 to indicate dkt 58 as the correct entry (jp). (Entered: 07/15/2020)
06/12/2020 59 STIPULATION to Extend Time for Any Bill of Costs or Motion for Attorneys’ Fees by F.V., Dani Martin. (Renn, Peter)
06/15/2020 60 ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS’ FEES re 59 Stipulation filed by Dani Martin, F.V. IT IS HEREBY ORDERED that the deadlines for filing any bill of costs and motion for attorneys’ fees based on activity after this Court’s entry of final judgment on April 20, 2018, are extended to December 31, 2020. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
06/22/2020 61 MOTION FOR PRO HAC VICE APPEARANCE by William Isasi. ( Filing fee $ 250 receipt number 0976-2066247.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)
06/22/2020 62 MOTION FOR PRO HAC VICE APPEARANCE by Henry Liu. ( Filing fee $ 250 receipt number 0976-2066255.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)
06/22/2020 63 MOTION FOR PRO HAC VICE APPEARANCE by D. Jean Veta. ( Filing fee $ 250 receipt number 0976-2066261.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)
06/22/2020 64 MOTION FOR PRO HAC VICE APPEARANCE by Michael Lanosa. ( Filing fee $ 250 receipt number 0976-2066267.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)
06/22/2020 65 MOTION FOR PRO HAC VICE APPEARANCE by Isaac C. Belfer. ( Filing fee $ 250 receipt number 0976-2066270.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)
06/22/2020 66 MOTION to Clarify Defendants’ Enforcement Plan Peter C Renn appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Attachments: # 1 Memorandum in Support Plaintiffs’ Memo in Support of Motion for Clarification Regarding Defendants’ Enforcement Plan, # 2 Affidavit Declaration of Peter Renn)(Renn, Peter)
06/23/2020 67 DOCKET ENTRY ORDER approving 61 Motion for Pro Hac Vice Appearance of attorney William Isasi, 62 Motion for Pro Hac Vice Appearance of attorney Henry Liu, 63 Motion for Pro Hac Vice Appearance of attorney D Jean Veta, 64 Motion for Pro Hac Vice Appearance of attorney Michael Lanosa and 65 Motion for Pro Hac Vice Appearance of attorney Isaac C Belfer for Dani Martin and F.V. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
06/23/2020 68 NOTICE of Appearance by Colleen Rosannah Smith on behalf of All Plaintiffs (Smith, Colleen)
06/23/2020 Set/Reset Deadlines as to 66 MOTION to Clarify Defendants’ Enforcement Plan per docket 69 . Responses due by 7/2/2020. Replies due by 7/7/2020. (ckh) (Entered: 06/24/2020)
06/24/2020 69 DOCKET ORDER setting briefing deadlines re: Plaintiffs’ Motion for Clarification Regarding Defendants’ Enforcement Plan (Dkt. 66). Defendants shall file their response to the motion on or before July 2, 2020. Any reply must be filed on or before July 7, 2020. The Court will notify the parties as to whether a hearing on the motion will be held. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lat)
07/02/2020 70 RESPONSE to Motion re 66 MOTION to Clarify Defendants’ Enforcement Plan filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 7/16/2020.(Olsen, Steven)
07/07/2020 71 REPLY to Response to Motion re 66 MOTION to Clarify Defendants’ Enforcement Plan filed by F.V., Dani Martin.Motion Ripe Deadline set for 7/8/2020.(Huppert, Nora)
07/21/2020 72 DOCKET ENTRY NOTICE of Hearing on Motion: 66 MOTION to Clarify Defendants’ Enforcement Plan – Video Motion Hearing set for 7/22/2020 01:30 PM MT Video – Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel to receive video link via separate email notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 140 1523, Meeting Password: 969595. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (at)
07/21/2020 73 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 66 MOTION to Clarify Defendants’ Enforcement Plan – Video Motion Hearing currently set for 7/22/2020 01:30 PM MT is hereby RESCHEDULED to begin at 02:30 PM MT Video – Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel received video link via separate email notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 140 1523, Meeting Password: 969595. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (same date as previously set, new time only) (at)
07/22/2020 74 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Nora Huppert, Monica Cockerille, Peter Renn, and Colleen Smith for the Plaintiff; Steven Olson and Dayton Reed for the Defendants. All parties appeared via Zoom. Video Motion Hearing held on 7/22/2020 re 66 MOTION to Clarify Defendants’ Enforcement Plan. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 2:30-3:43 PM. (ESR A. Tate.) Audio File Location Other. (at)
08/07/2020 75 MEMORANDUM DECISION AND ORDER (DKT. 66) re 66 Motion to Clarify. IT IS HEREBY ORDERED that Plaintiffs’ Motion to Clarify (Dkt. 66 ) is GRANTED as stated herein. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
12/09/2020 76 STIPULATION to Extend Time for Any Bill of Costs or Motion For Attorneys’ Fees by F.V., Dani Martin. (Huppert, Nora)
12/09/2020 77 ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS’ FEES DKT 76 . THEREFORE IT IS HEREBY ORDERED that the Stipulation (Dkt. 76) is GRANTED as follows: 1) Any motion for attorneys fees or bill of costs based on activity after this Courts entry of final judgment on April 20, 2018 need not be filed any earlier than June 30, 2021, or 60 days after the completion of any litigation relating to HB 509, whichever is lateR. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 12/10/2020)
03/11/2021 78 NOTICE of Substitution – Attorney Isaac C Belfer terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Cockerille, Monica)
06/22/2021 79 NOTICE of Change of Address by Colleen Rosannah Smith (Smith, Colleen)
06/22/2021 80 STIPULATION to Extend Time to File Fees Motion by F.V., Dani Martin. (Smith, Colleen)
06/23/2021 81 ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS’ FEES. IT IS HEREBY ORDERED that the Stipulation (Dkt. 80) is GRANTED as follows: Any motion for attorneys’ fees or bill or costs based on activity after this Courts entry of final judgment on April 20, 2018 need not be filed any earlier than September 30, 2021, or 60 days after the completion of any litigation relating to HB 509, whichever is later. The parties may request a further extension of time if necessary and upon a showing of good cause. The Court makes no determination at this time as to whether either side is entitled to attorneys’ fees and costs based on events or activities after the Courts entry of final judgment on April 20, 2018. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
09/29/2021 82 NOTICE of Change of Address by Nora Huppert (Huppert, Nora)
09/29/2021 83 MOTION for Attorney Fees Nora Huppert appearing for Plaintiffs F.V., Dani Martin. Responses due by 10/20/2021 (Attachments: # 1 Memorandum in Support of Motion for Attorneys’ Fees and Expenses, # 2 Affidavit Declaration of Peter C. Renn, # 3 Exhibit A, # 4 Exhibit B, # 5 Affidavit Declaration of Thomas J. Lloyd III, # 6 Affidavit Declaration of Dan Stormer, # 7 Affidavit Declaration of Charlie Wysong)(Huppert, Nora)
10/18/2021 84 STIPULATION re 83 MOTION for Attorney Fees Extension of Time for Filing Response/Reply by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. (Olsen, Steven)
10/19/2021 85 ORDER RE: STIPULATION FOR EXTENSION OF TIME – The Parties Stipulation (Dkt. 84 ) is GRANTED and the briefing deadlines on Plaintiffs Motion for Attorneys Fees and Expenses are extended as follows: Defendants Response to Plaintiffs Motion for Attorney Fees and Expenses is due on or before November 19, 2021. Plaintiffs Reply is due on or before December 20, 2021. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
10/19/2021 Set/Reset Deadlines as to 83 MOTION for Attorney Fees . Responses due by 11/19/2021 Replies due by 12/20/2021. (lm)
11/19/2021 86 RESPONSE to Motion re 83 MOTION for Attorney Fees Objection to Plaintiffs’ Fee Petition filed by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 12/3/2021. (Attachments: # 1 Affidavit Declaration Steven L. Olsen, # 2 Exhibit A-1 to Dec Steven L. Olsen, # 3 Exhibit A-2 to Dec Steven L. Olsen, # 4 Exhibit B-1 to Dec Steven L. Olsen, # 5 Exhibit B-2 to Dec Steven L. Olsen, # 6 Exhibit C to Dec Steven L. Olsen, # 7 Exhibit D to Dec Steven L. Olsen)(Olsen, Steven)
12/20/2021 87 REPLY to Response to Motion re 83 MOTION for Attorney Fees filed by F.V., Dani Martin.Motion Ripe Deadline set for 12/21/2021.(Huppert, Nora)
04/07/2022 88 NOTICE of Change of Address by Colleen Rosannah Smith (Smith, Colleen)
06/08/2022 89 MEMORANDUM DECISION AND ORDER – Plaintiffs Motion for Attorney Fees and Expenses (Dkt. 86 ) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiffs are awarded $312,529.50 in attorney fees, $7,945.00 in paralegal fees, and $750.00 in non-taxable litigation expenses pursuant to 42 U.S.C. § 1988. The foregoing amount shall be paid with interest based on the statutory rate as stated in 28 U.S.C. § 1961(a), accruing from the date of the entry of this Order. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
06/08/2022 90 AMENDED MEMORANDUM DECISION AND ORDER – Plaintiffs Motion for Attorney Fees and Expenses (Dkt. 83 ) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiffs are awarded $312,529.50 in attorney fees, $7,945.00 in paralegal fees, and $750.00 in non-taxable litigation expenses pursuant to 42 U.S.C. § 1988. The foregoing amount shall be paid with interest based on the statutory rate as stated in 28 U.S.C. § 1961(a), accruing from the date of the entry of this Order. Signed by Judge Candy W Dale. DATED: June 8, 2022, nunc pro tunc. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm). (Entered: 06/13/2022)

Last updated 06/18/2022
Reconciled with online docket 06/13/2022