D. Idaho 1:23-cv-00269 Docket

Poe v. Labrador
No. 1:23-cv-00269, Case History (under construction)

Court: District of Idaho (Boise – Southern)
Assigned to: Judge B Lynn Winmill
(previously Magistrate Judge Candy W Dale, reassigned 08/14/23)

Date Filed # Docket Text
05/31/2023 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number AIDDC-2575743.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet)(Eppink, Richard)
05/31/2023 2 MOTION FOR PRO HAC VICE APPEARANCE by Ariella C. Barel. ( Filing fee $ 250 receipt number AIDDC-2575757.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 3 MOTION FOR PRO HAC VICE APPEARANCE by Alexia D. Korberg. ( Filing fee $ 250 receipt number AIDDC-2575759.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 4 MOTION FOR PRO HAC VICE APPEARANCE by Eric Alan Stone. ( Filing fee $ 250 receipt number AIDDC-2575765.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 5 MOTION FOR PRO HAC VICE APPEARANCE by Leslie Jill Cooper. ( Filing fee $ 250 receipt number AIDDC-2575769.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 6 MOTION FOR PRO HAC VICE APPEARANCE by Li Nowlin-Sohl. ( Filing fee $ 250 receipt number AIDDC-2575772.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 7 MOTION FOR PRO HAC VICE APPEARANCE by Jackson Yates. ( Filing fee $ 250 receipt number AIDDC-2575774.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 8 MOTION FOR PRO HAC VICE APPEARANCE by Dana L. Kennedy. ( Filing fee $ 250 receipt number AIDDC-2575778.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 9 MOTION FOR PRO HAC VICE APPEARANCE by Jordan E. Orosz. ( Filing fee $ 250 receipt number AIDDC-2575781.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 10 MOTION FOR PRO HAC VICE APPEARANCE by Meredith Taylor Brown. ( Filing fee $ 250 receipt number AIDDC-2575782.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Eppink, Richard)
05/31/2023 11 MOTION to Proceed under Pseudonyms Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 6/21/2023 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Penny Poe, # 3 Declaration of Joan Doe)(Eppink, Richard)
06/01/2023 12 DOCKET ENTRY ORDER approving 2 3 4 5 6 7 8 9 10 Motions for Pro Hac Vice Appearance of attorneys Ariella C. Barel, Alexia D. Korberg, Eric Alan Stone, Leslie Jill Cooper, Li Nowlin-Sohl, Jackson Yates, Dana L. Kennedy, Jordan E. Orosz, Meredith Taylor Brown for Pam Poe, Penny Poe, Peter Poe, Jane Doe, Joan Doe, and John Doe. 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 (hs)
06/05/2023 13 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE – On or before July 3, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 7/10/2023 11:00 AM in Telephonic Hearing – Boise Chambers before US Magistrate Judge Candy W Dale. Signed by US Magistrate Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
06/16/2023 14 NOTICE of Appearance by Dina M Flores-Brewer on behalf of All Plaintiffs (Flores-Brewer, Dina)
06/20/2023 15 MOTION FOR PRO HAC VICE APPEARANCE by Kyle N. Bersani. ( Filing fee $ 250 receipt number AIDDC-2586128.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 7/11/2023 (Eppink, Richard)
06/20/2023 16 MOTION FOR PRO HAC VICE APPEARANCE by Philip S. May. ( Filing fee $ 250 receipt number AIDDC-2586141.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 7/11/2023 (Eppink, Richard)
06/21/2023 17 DOCKET ENTRY ORDER approving 15 16 Motions for Pro Hac Vice Appearance of attorneys Kyle N. Bersani, Philip S. May for Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. 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 (hs)
06/29/2023 18 WAIVER OF SERVICE Returned Executed by Peter Poe, Pam Poe, Penny Poe, Jane Doe, Joan Doe, John Doe. Jan M Bennetts waiver sent on 6/27/2023, answer due 8/28/2023. (Eppink, Richard)
06/30/2023 19 STATUS REPORT re: Service of Complaint by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. (Eppink, Richard)
06/30/2023 20 DOCKET ENTRY ORDER – The telephonic scheduling conference currently set for July 10, 2023, at 11:00 AM, and all associated deadlines, are hereby VACATED. The parties are to propose a briefing schedule related to Plaintiffs’ anticipated motion for preliminary injunction. Should the parties need assistance with the same, they may contact chambers to request a status conference with the Court.
Signed by US Magistrate Judge Candy W Dale. (klw)
07/12/2023 21 DISREGARD per Corrective Entry (Wilson, Lincoln). Modified on 7/13/2023 (km).
07/12/2023 22 ERRATA by Defendants Individual Members of the Idaho Code Commission, Raul Labrador re 21 Notice of Appearance Corrected Notice of Appearance. (Wilson, Lincoln)
07/12/2023 23 NOTICE of Appearance by Joshua N. Turner on behalf of Individual Members of the Idaho Code Commission, Raul Labrador (Turner, Joshua)
07/13/2023 CORRECTIVE ENTRY – Please disregard docket number 21 Notice of Appearance as the document was inadvertently filed in the wrong case. The filing party resubmitted the correct filing at docket no. 23 . (km)
07/14/2023 24 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for re 1 Complaint, 23 Notice of Appearance Consent/Objection to Magistrate due by 9/12/2023. (hs)
07/14/2023 25 MOTION FOR PRO HAC VICE APPEARANCE by Brad S. Karp. ( Filing fee $ 250 receipt number AIDDC-2599164.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 8/4/2023 (Eppink, Richard)
07/17/2023 26 DOCKET ENTRY ORDER approving 25 Motion for Pro Hac Vice Appearance of attorney Brad S. Karp for Jane Doe,Brad S. Karp for Joan Doe,Brad S. Karp for John Doe,Brad S. Karp for Pam Poe,Brad S. Karp for Penny Poe,Brad S. Karp for Peter Poe 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 (jd)
07/18/2023 27 MOTION for Leave to File Excess Pages Stipulation re: Briefing Schedule and Page Limit on Motion Li Nowlin-Sohl appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 8/8/2023 (Nowlin-Sohl, Li)
07/19/2023 28 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Jan M Bennetts re 27 Stipulation re: Briefing Schedule and Page Limit on Motion Consent/Objection to Magistrate due by 9/18/2023. (km)
07/19/2023 29 ORDER granting 27 Stipulation for overlength briefs and to extended briefing schedule.
Signed by US Magistrate Judge Candy W Dale. (klw)
07/19/2023 30 DOCKET ENTRY ORDER – Upon review of the docket in this matter, and the parties’ stipulation 27 concerning Plaintiffs’ anticipated motion for preliminary injunction, the Court finds good cause to shorten the deadline within which to consent to the jurisdiction of a magistrate judge. See 24 , 28 . The parties shall have up through and including August 11, 2023, within which to consent to proceed before a magistrate judge.
Signed by US Magistrate Judge Candy W Dale. (klw)
07/19/2023 31 DOCKET ENTRY ORDER – Upon review of the 11 Motion To Proceed Under Pseudonyms and the parties’ stipulation 27 concerning Plaintiffs’ anticipated motion for preliminary injunction, the Court hereby ORDERS Defendants to respond to the motion 11 on or before July 28, 2023. If Defendants do not intend to oppose the motion 11 , they must file a notice of non-opposition. Dist. Idaho Loc. Civ. R. 7.1(a)(5).
Signed by US Magistrate Judge Candy W Dale. (klw)
07/21/2023 32 MOTION for Preliminary Injunction Alexia D. Korberg appearing for Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Responses due by 8/11/2023 (Attachments: # 1 Memorandum of Law in Support of Plaintiffs’ Motion for a Preliminary Injunction, # 2 Declaration of Pam Poe in Support of Plaintiffs’ Motion for a Preliminary Injunction, # 3 Declaration of Penny Poe in Support of Plaintiffs’ Motion for a Preliminary Injunction, # 4 Declaration of Jane Doe in Support of Plaintiffs’ Motion for a Preliminary Injunction, # 5 Declaration of Joan Doe in Support of Plaintiffs’ Motion for a Preliminary Injunction, # 6 Expert Declaration of Christine Brady, PhD, # 7 Expert Declaration of Kara Connelly, MD, # 8 Declaration of Ariella Barel in Support of Plaintiffs’ Motion for a Preliminary Injunction)(Korberg, Alexia)
07/25/2023 33 MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiffs’ Motion for Preliminary Injunction Colleen Rosannah Smith appearing for Amicus Parties American Academy of Pediatrics, Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association,, American Pediatric Society, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, Idaho Chapter of the American Academy of Pediatrics, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. Responses due by 8/15/2023 (Attachments: # 1 Proposed Amici Curiae Brief)(Smith, Colleen)
07/25/2023 34 MOTION FOR PRO HAC VICE APPEARANCE by D. Jean Veta. ( Filing fee $ 250 receipt number AIDDC-2603902.)Colleen Rosannah Smith appearing for Amicus Parties Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association,, American Pediatric Society, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, Idaho Chapter of the American Academy of Pediatrics, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. Responses due by 8/15/2023 (Smith, Colleen)
07/25/2023 35 MOTION FOR PRO HAC VICE APPEARANCE by William R. Isasi. ( Filing fee $ 250 receipt number AIDDC-2603903.)Colleen Rosannah Smith appearing for Amicus Parties Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association,, American Pediatric Society, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, Idaho Chapter of the American Academy of Pediatrics, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. Responses due by 8/15/2023 (Smith, Colleen)
07/25/2023 36 MOTION FOR PRO HAC VICE APPEARANCE by Cortlin H. Lannin. ( Filing fee $ 250 receipt number AIDDC-2603904.)Colleen Rosannah Smith appearing for Amicus Parties Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association,, American Pediatric Society, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, Idaho Chapter of the American Academy of Pediatrics, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. Responses due by 8/15/2023 (Smith, Colleen)
07/26/2023 37 NOTICE by Jan M Bennetts re 11 MOTION to Proceed under Pseudonyms Non-Opposition to Motion (Reed, Dayton)
07/26/2023 38 DOCKET ENTRY ORDER approving 34 , 35 , 36 Motions for Pro Hac Vice Appearance of attorney D Jean Veta, William Isasi, Cortlin H. Lannin for Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, for American College of Osteopathic Pediatricians, American College of Osteopathic Pediatricians, for American College of Physicians, American Medical Association, American Pediatric Society, Association of American Medical Colleges, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, Idaho Chapter of the American Academy of Pediatrics, National Association of Pediatric Nurse Practitioners, Pediatric Endocrine Society, Societies for Pediatric Urology, Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health. 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 (hs)
07/28/2023 39 RESPONSE to Motion re 11 MOTION to Proceed under Pseudonyms Non-Opposition to Motion filed by Individual Members of the Idaho Code Commission, Raul Labrador. Replies due by 8/11/2023.(Wilson, Lincoln)
07/28/2023 40 DOCKET ENTRY ORDER – Upon consideration of Defendants’ non-opposition 37 , 39 , and good cause appearing therefor, Plaintiffs’ 11 Motion to Proceed under Pseudonyms is GRANTED.
Signed by US Magistrate Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by KLW) (klw)
08/01/2023 41 ORDER – IT IS HEREBY ORDERED: Upon consideration of the unopposed motion, the Court hereby orders that the motion (Dkt. 33 ) is GRANTED. The proposed brief at Docket No. 33 shall stand as the brief of Amicus Curiae American Academy of Pediatrics and Additional National and State Medical and Mental Health Organizations. It is further ORDERED that the State Defendants may have up to 35 pages for their response to the Plaintiffs’ motion for a preliminary injunction. Signed by US Magistrate Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs) (Entered: 08/02/2023)
08/07/2023 42 Docket entry only – CONSENT to Magistrate Judge filed. (hs)
08/11/2023 43 Docket entry only – CONSENT to Magistrate Judge filed. (hs) (Entered: 08/14/2023)
08/14/2023 The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (hs)
08/14/2023 DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B Lynn Winmill for all further proceedings. US Magistrate Judge Candy W Dale no longer assigned to case. Please use this case number on all future pleadings, 1:23-cv-269-BLW (hs)
08/16/2023 44 ERRATA by Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe re 32 MOTION for Preliminary Injunction (Plaintiffs’ Notice of Errata Regarding Declarations of Dr. Christine Brady and Dr. Kara Connelly [Dkts. 32-6, 32-7]). (Attachments: # 1 Expert Declaration of Christine Brady, PhD, # 2 Expert Declaration of Kara Connelly, MD)(Korberg, Alexia)
08/23/2023 45 NOTICE by United States of America re 32 MOTION for Preliminary Injunction Statement of Interest (Woychick, Nicholas)
08/23/2023 46 NOTICE of Appearance by Rafael John Droz on behalf of Individual Members of the Idaho Code Commission, Raul Labrador (Droz, Rafael)
08/23/2023 47 NOTICE of Appearance by James Edward Monroe Craig on behalf of Individual Members of the Idaho Code Commission, Raul Labrador (Craig, James)
08/25/2023 48 MOTION FOR PRO HAC VICE APPEARANCE by John D. Ramer. ( Filing fee $ 250 receipt number AIDDC-2619114.)Lincoln Davis Wilson appearing for Defendants Individual Members of the Idaho Code Commission, Raul Labrador. Responses due by 9/15/2023 (Wilson, Lincoln)
08/25/2023 49 MOTION FOR PRO HAC VICE APPEARANCE by David H. Thompson. ( Filing fee $ 250 receipt number AIDDC-2619119.)Lincoln Davis Wilson appearing for Defendants Individual Members of the Idaho Code Commission, Raul Labrador. Responses due by 9/15/2023 (Wilson, Lincoln)
08/25/2023 50 MOTION FOR PRO HAC VICE APPEARANCE by Brian W. Barnes. ( Filing fee $ 250 receipt number AIDDC-2619126.)Lincoln Davis Wilson appearing for Defendants Individual Members of the Idaho Code Commission, Raul Labrador. Responses due by 9/15/2023 (Wilson, Lincoln)
08/25/2023 51 MOTION to Dismiss for Lack of Jurisdiction Dayton Patrick Reed appearing for Defendant Jan M Bennetts. Responses due by 9/15/2023 (Attachments: # 1 Memorandum in Support)(Reed, Dayton)
08/28/2023 52 DOCKET ENTRY ORDER approving 48 , 49 and 50 Motion for Pro Hac Vice Appearance of attorney John D. Ramer, David H. Thompson and Brian W. Barnes for Individual Members of the Idaho Code Commission and Raul Labrador. 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 (jd)
08/30/2023 53 NOTICE of Appearance by David Amiable DeRoin on behalf of All Plaintiffs (DeRoin, David)
08/31/2023 54 DOCKET ENTRY NOTICE OF HEARING: A Status Conference is set for 9/5/2023 at 11:30 AM Mountain Time via Zoom before Judge B Lynn Winmill. A Zoom link will be provided by separate notification. (jlg)
09/05/2023 55 MEMORANDUM in Opposition re 32 MOTION for Preliminary Injunction filed by Jan M Bennetts. Replies due by 9/19/2023.(Reed, Dayton)
09/05/2023 56 MEMORANDUM in Opposition re 32 MOTION for Preliminary Injunction and In Support of Motion to Dismiss filed by Individual Members of the Idaho Code Commission, Raul Labrador. Replies due by 9/19/2023. (Attachments: # 1 Exhibit A – Dr. Connely Deposition Transcript, # 2 Exhibit B – Dr. Brady Deposition Transcript, # 3 Declaration of Dr. Daniel Weiss, # 4 Declaration of Dr. James Cantor, # 5 WITHDRAWN – Declaration of Dr. William Malone)(Wilson, Lincoln) Modified on 10/2/2023, see order entered 10/2/23 (jd).
09/05/2023 57 MOTION to Dismiss Lincoln Davis Wilson appearing for Defendants Individual Members of the Idaho Code Commission, Raul Labrador. Responses due by 9/26/2023 (Wilson, Lincoln)
09/05/2023 58 MEMORANDUM in Support re 57 MOTION to Dismiss filed by Individual Members of the Idaho Code Commission, Raul Labrador.(Wilson, Lincoln)
09/05/2023 59 Docket Text Minute Entry for proceedings held before Judge B Lynn Winmill: An informal Status Conference was held via Zoom on 9/5/2023. Appearances: Li Nowlin-Sohl on behalf of Plaintiffs. Lincoln Wilson on behalf of Defendant Raul Labrador. Dayton Reed on behalf of Defendant Jan Bennetts. The Court set a hearing on the following motions: 32 MOTION for Preliminary Injunction, 51 MOTION to Dismiss for Lack of Jurisdiction, and 57 MOTION to Dismiss. The Motion Hearing is set for 11/6/2023 at 1:30 PM in Boise – Courtroom 3 before Judge B Lynn Winmill. Hearing Not Recorded. (Time: 11:39 – 11:52 a.m.) (jlg) (Entered: 09/07/2023)
09/15/2023 60 MEMORANDUM in Opposition re 51 MOTION to Dismiss for Lack of Jurisdiction filed by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Replies due by 9/29/2023.(Parsons, Casey)
09/21/2023 61 RESPONSE to Motion re 57 MOTION to Dismiss filed by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Replies due by 10/5/2023.(Korberg, Alexia)
09/27/2023 62 STIPULATION re 56 Memorandum in Opposition to Motion, 32 MOTION for Preliminary Injunction re: Briefing Schedule, Surreply, and Striking of Declaration of Dr. Malone by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. (Eppink, Richard)
09/29/2023 63 ERRATA by Plaintiffs Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe . (Attachments: # 1 Errata)(Parsons, Casey)
09/29/2023 64 REPLY to Response to Motion re 51 MOTION to Dismiss for Lack of Jurisdiction filed by Jan M Bennetts.Motion Ripe Deadline set for 10/2/2023.(Reed, Dayton)
10/02/2023 65 MEMORANDUM in Opposition re 32 MOTION for Preliminary Injunction filed by Individual Members of the Idaho Code Commission, Raul Labrador. Replies due by 10/16/2023.(Wilson, Lincoln)
10/02/2023 66 MEMORANDUM in Support re 57 MOTION to Dismiss filed by Individual Members of the Idaho Code Commission, Raul Labrador.(Wilson, Lincoln)
10/02/2023 67 ORDER MODIFYING DEADLINES, STRIKING DECLARATION AND GRANTING SUR-REPLY – Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
10/02/2023 Set/Reset Deadlines as to 32 MOTION for Preliminary Injunction . Responses due by 10/2/2023. Replies due by 10/13/2023. Surreply due 10/27/23. (jd)
10/05/2023 68 REPLY to Response to Motion re 57 MOTION to Dismiss filed by Individual Members of the Idaho Code Commission, Raul Labrador.Motion Ripe Deadline set for 10/6/2023.(Wilson, Lincoln)
10/06/2023 69 NOTICE by Individual Members of the Idaho Code Commission, Raul Labrador of Withdrawal of Counsel (Wilson, Lincoln)
10/13/2023 70 REPLY to Response to Motion re 32 MOTION for Preliminary Injunction filed by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe.Motion Ripe Deadline set for 10/16/2023. (Attachments: # 1 Declaration of Alexia D. Korberg, # 2 Rebuttal Declaration of Kara Connelly, # 3 Rebuttal Declaration of Christine Brady, # 4 Rebuttal Declaration of Jack Turban)(Korberg, Alexia)
10/27/2023 71 REPLY re 70 Reply to Response to Motion, filed by Individual Members of the Idaho Code Commission, Raul Labrador Surreply Regarding the Declaration of Dr. Jack Turban. (Craig, James)
10/27/2023 72 ERRATA by Defendants Individual Members of the Idaho Code Commission, Raul Labrador re 71 Reply (generic) Surreply Regarding the Declaration of Dr. Jack Turban. (Attachments: # 1 Exhibit A – Transcript of Deposition of Dr. Jack Turban)(Droz, Rafael)
11/02/2023 73 NOTICE by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe re 61 Response to Motion, 63 Errata (Notice of Supplemental Authority) (Attachments: # 1 9th Cir Opinion)(Korberg, Alexia)
11/02/2023 74 NOTICE by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe re 72 Errata, 56 Memorandum in Opposition to Motion,, 32 MOTION for Preliminary Injunction , 71 Reply (generic) Notice of Deposition Errata and Transcript (Attachments: # 1 Errata to Deposition of Christine Brady, Ph.D., # 2 Complete Transcript of Deposition of Jack Turban, M.D., MHS, # 3 Errata to Deposition of Jack Turban, M.D., MHS)(May, Philip)
11/06/2023 75 Minute Entry for proceedings held before Judge B Lynn Winmill: A Motion Hearing was held on 11/6/2023 re 32 MOTION for Preliminary Injunction, 51 MOTION to Dismiss for Lack of Jurisdiction, and 57 MOTION to Dismiss. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 11/08/2023)
12/11/2023 76 Notice of Filing of Official Transcript of Proceedings held on 11/6/23 before Judge B. Lynn Winmill. Court Reporter Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 until release of transcript restriction re 75 Motion Hearing. Redaction Request due 1/1/2024. Redacted Transcript Deadline set for 1/11/2024. Release of Transcript Restriction set for 3/11/2024. (th)
12/14/2023 77 NOTICE by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe of Withdrawal of Counsel (Taylor Brown) (Eppink, Richard)
12/26/2023 78 MEMORANDUM DECISION & ORDER in which IT IS ORDERED that (1) Prosecutor Bennetts’ Motion to Dismiss (Dkt. 51) is DENIED; (2) Attorney General Labrador and the Idaho Code Commission Members’ Motion to Dismiss (Dkt. 57) is GRANTED in part and DENIED in part as follows: The motion is GRANTED as to the Idaho Code Commission defendants and DENIED as to Defendant Attorney General Labrador; and (3) Plaintiffs’ Motion for a Preliminary Injunction (Dkt. 32) is GRANTED. Accordingly, Defendants Attorney General Labrador and Ada County Prosecutor Bennetts and their successors in office are enjoined from enforcing any provision of House Bill 71 during the pendency of this litigation. Signed by Judge B Lynn Winmill (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)
01/03/2024 79 NOTICE OF APPEAL (USCA 24-142) by Raul Labrador. Filing Fee Due. $ 605, receipt number AIDDC-2682481. (Notice sent to Court Reporter & 9th Cir) (Craig, James) Modified on 1/9/2024 to add USCA case number(hs).
01/03/2024 80 Emergency MOTION to Stay re 78 Order on Motion for Preliminary Injunction,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 1/24/2024 (Attachments: # 1 Memorandum in Support of Emergency Motion to Stay Pending Appeal)(Craig, James)
01/03/2024 81 MOTION to Expedite James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 1/24/2024 (Craig, James)
01/04/2024 82 DOCKET ENTRY ORDER granting in part and denying in part 81 Motion to Expedite. The Court will grant the motion to expedite to the extent that it will put the following briefing schedule in place: Plaintiffs’ response to the emergency motion to stay the injunction pending appeal (filed at Dkt. 80) shall be due on January 10, 2024 at 6:30 p.m. Mountain Time. Defendant Labrador’s optional reply, if any, shall be filed by January 12, 2024. The Court will resolve the motion as quickly as possible after it ripens, thought it cannot guarantee a ruling by January 17, 2024 as has been requested. IT IS SO ORDERED. Signed by Judge B. Lynn Winmill (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mls)
01/09/2024 83 USCA Case Number 24-142 for 79 Notice of Appeal filed by Raul Labrador. (hs)
01/09/2024 84 USCA 24-142 Scheduling Order as to 79 Notice of Appeal filed by Raul Labrador. (Notice sent by e-mail to Court Reporter) (hs)
01/10/2024 85 RESPONSE to Motion re 80 Emergency MOTION to Stay re 78 Order on Motion for Preliminary Injunction,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, Plaintiff’s Response to Defendant Labrador’s Emergency Motion For Stay of Injunction Pending Appeal [Dkt. No. 80] filed by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe. Replies due by 1/24/2024.(DeRoin, David)
01/12/2024 86 TRANSCRIPT REQUEST Designation Form by Raul Labrador for proceedings held on 11/06/2023 before Judge B. Lynn Winmill.. (Craig, James)
01/12/2024 87 REPLY to Response to Motion re 80 Emergency MOTION to Stay re 78 Order on Motion for Preliminary Injunction,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, filed by Raul Labrador.Motion Ripe Deadline set for 1/16/2024.(Craig, James)
01/16/2024 88 MEMORANDUM DECISION AND ORDER – Defendant Attorney General Labradors Emergency Motion for a Stay Pending Appeal (Dkt. 80 ) is DENIED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
01/19/2024 90 ORDER of USCA 24-142 as to 79 Notice of Appeal filed by Raul Labrador (hs) (Entered: 01/22/2024)
01/22/2024 89 DOCKET ENTRY NOTICE OF HEARING: A Video Status Conference is set for 2/1/2024 at 10:30 AM (Mountain Time) before Senior Judge B. Lynn Winmill. A Zoom link will be provided prior to the date of the status conference. (jlg)
01/30/2024 91 ORDER of USCA 24-142 as to 79 Notice of Appeal filed by Raul Labrador (hs)
01/31/2024 92 DOCKET ENTRY NOTICE OF HEARING: A Status Conference is set for 2/1/2024 at 10:30 AM Mountain time via Zoom before Senior Judge B. Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 453 0662, Meeting Passcode: 372351. 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. (jlg)
01/31/2024 93 DOCKET ENTRY NOTICE OF VACATED HEARING: The Status Conference scheduled for February 1, 2024 at 10:30 a.m. before Judge B. Lynn Winmill is VACATED. (jlg)
01/31/2024 94 STAY ORDER – IT IS ORDERED that: This matter is STAYED pending the Ninth Circuit’s resolution of the Attorney General’s pending appeal, provided, however, that this Court’s December 26, 2023 preliminary injunction shall remain in effect during the stay. The status conference scheduled for February 1, 2024 is VACATED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs) (Entered: 02/01/2024)
03/29/2024 95 MOTION for Protective Order James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 4/19/2024 (Attachments: # 1 Exhibit 1 Proposed Protective Order, # 2 Exhibit 2 Stipulated Protective Order, # 3 Exhibit 3 Email of 07-28-2023 with Attachments)(Craig, James)
04/03/2024 96 NOTICE of Appearance by Paul Carlos Southwick on behalf of All Plaintiffs (Southwick, Paul)
04/03/2024 97 ORDER DENYING REQUEST FOR EXPEDITED RULING – The Court will deny the request for an expedited ruling. IT IS SO ORDERED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
04/09/2024 98 NOTICE by Jane Doe, Joan Doe, John Doe, Pam Poe, Penny Poe, Peter Poe Notice of Withdrawal of Attorney (Flores-Brewer, Dina)

Last updated 04/19/2024
Reconciled with online docket 04/09/2024