D. Idaho 1:23-cv-00315 Docket

Roe v. Critchfield
District of Idaho (Boise – Southern),  No. 1:23-cv-00315
Assigned to: Judge David C. Nye

Appeal(s):  9th Cir. 23-2807 

Date Filed # Docket Text
07/06/2023 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AIDDC-2594151.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons)(Linnet, Samuel)
07/06/2023 2 MOTION FOR PRO HAC VICE APPEARANCE by Peter C. Penn. ( Filing fee $ 250 receipt number AIDDC-2594266.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 3 MOTION FOR PRO HAC VICE APPEARANCE by Kell Olson. ( Filing fee $ 250 receipt number AIDDC-2594281.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 4 MOTION FOR PRO HAC VICE APPEARANCE by Tara L. Borelli. ( Filing fee $ 250 receipt number AIDDC-2594285.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 5 MOTION FOR PRO HAC VICE APPEARANCE by Christina Paek. ( Filing fee $ 250 receipt number AIDDC-2594292.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 6 MOTION FOR PRO HAC VICE APPEARANCE by Katherine M. Forster. ( Filing fee $ 250 receipt number AIDDC-2594295.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 7 MOTION FOR PRO HAC VICE APPEARANCE by Robyn K. Bacon. ( Filing fee $ 250 receipt number AIDDC-2594299.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 8 MOTION FOR PRO HAC VICE APPEARANCE by Jacob Max Rosen. ( Filing fee $ 250 receipt number AIDDC-2594301.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 9 MOTION FOR PRO HAC VICE APPEARANCE by Nicholas R. Sidney. ( Filing fee $ 250 receipt number AIDDC-2594303.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 10 MOTION FOR PRO HAC VICE APPEARANCE by Paul Martin. ( Filing fee $ 250 receipt number AIDDC-2594305.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 11 MOTION FOR PRO HAC VICE APPEARANCE by Avery P. Hitchcock. ( Filing fee $ 250 receipt number AIDDC-2594308.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 12 MOTION FOR PRO HAC VICE APPEARANCE by Jimmy P. Biblarz. ( Filing fee $ 250 receipt number AIDDC-2594311.)Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Linnet, Samuel)
07/06/2023 13 MOTION Pls to Proceed Anonymously re 1 Complaint, Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe. Responses due by 7/27/2023 (Attachments: # 1 Memorandum in Support)(Linnet, Samuel)
07/06/2023 14 Corporate Disclosure Statement by Sexuality and Gender Alliance, an association identifying Corporate Parent Sexuality and Gender Alliance, an association for Sexuality and Gender Alliance, an association. (Linnet, Samuel)
07/06/2023 15 MOTION for Preliminary Injunction Samuel L Linnet appearing for Plaintiffs RR, a minor, Rachel Roe, Ryan Roe, Sexuality and Gender Alliance, an association. Responses due by 7/27/2023 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Rebecca Roe, # 3 Affidavit Rachel Roe, # 4 Affidavit Pres. of Sexuality & Gender Alliance, # 5 Affidavit Stephanie L. Budge PH.D, # 6 Affidavit Diana Bruce, # 7 Affidavit Foster Jones, # 8 Affidavit Morgan Ballis, M.S. E.M., # 9 Affidavit Jimmy P. Biblarz)(Linnet, Samuel)
07/06/2023 16 DOCKET ENTRY ORDER approving Motion for Pro Hac Vice Appearance of attorney Peter C. Renn,Kell Olson,Tara L. Borelli,Christina Paek,Katherine M. Forster,and Robyn K. Bacon. 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 (ac) (Entered: 07/07/2023)
07/06/2023 17 DOCKET ENTRY ORDER approving Motion for Pro Hac Vice Appearance of attorney Jacob Max Rosen,Nicholas R. Sidney,Paul Martin,Avery P. Hitchcock,and Jimmy P. Biblarz for Rachel Roe etal., 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 (ac) (Entered: 07/07/2023)
07/07/2023 18 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons)(ac)
07/11/2023 19 NOTICE of Appearance by Lincoln Davis Wilson on behalf of All Defendants (Wilson, Lincoln)
07/11/2023 20 NOTICE of Appearance by Rafael John Droz on behalf of All Defendants (Droz, Rafael)
07/12/2023 21 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction , 1 Complaint, Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 8/2/2023 (Wilson, Lincoln)
07/12/2023 22 DOCKET ENTRY ORDER. Before the Court is Defendants’ Motion for Extension of Time to File Response/Reply. Dkt. 21 . To ensure the prompt resolution of this Motion, the Court modifies the briefing schedule as follows: Plaintiffs’ response to the Motion is due on or before July 14, 2023. Defendants reply will be due on or before July 17, 2023. Both documents may be up to 5 pages in length (excluding the case caption, signature block etc.). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
07/13/2023 23 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance, Cindy Siddoway, Dave Wagers re dkt. 19 , 20 Notice of Appearance, and dkt. 1 Complaint. Consent/Objection to Magistrate due by 9/11/2023. (ac)
07/13/2023 Set/Reset Deadlines as per Docket Entry Order dkt. 22 ( Responses due by 7/14/2023, Replies due by 7/17/2023.) ac
07/13/2023 24 ERRATA by Plaintiffs Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance re 15 MOTION for Preliminary Injunction Plaintiffs’ Notice of Errata Regarding Declarations of Rebecca Roe and Rachel Roe [Dkts. 15-2, 15-3]. (Rosen, Jacob)
07/13/2023 25 RESPONSE to Motion re 21 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction , 1 Complaint, filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance. Replies due by 7/27/2023.(Rosen, Jacob)
07/17/2023 26 SUMMONS Returned Executed by Sexuality and Gender Alliance, Rebecca Roe, Ryan Roe, Rachel Roe. All Defendants. (Attachments: # 1 Maria Greeley, # 2 Idaho State Board of Education, # 3 Linda Clark, # 4 William G. Gilbert, Jr., # 5 David Hill, # 6 Shawn Keough, # 7 Kurt Liebich, # 8 Cally J Roach, # 9 Cindy Siddoway, # 10 Boise School District #1, # 11 Dave Wagers, # 12 Nancy Gregory, # 13 Elizabeth Langley, # 14 Beth Oppenheimer, # 15 Coby Dennis, # 16 Shiva Rajbhandari)(Linnet, Samuel)
07/17/2023 27 REPLY to Response to Motion re 21 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction , 1 Complaint, filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers.Motion Ripe Deadline set for 7/18/2023.(Wilson, Lincoln)
07/19/2023 28 MOTION for Leave to File Supplemental Information Regarding Motion for Extension [Dkt. 25] Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 8/9/2023 (Wilson, Lincoln)
07/20/2023 29 DOCKET ENTRY ORDER. Pending before the Court is Defendants’ Motion for Leave to File Supplemental Information. Dkt. 28 . The Court will GRANT the motion, accept the supplement, and give it the weight it deems appropriate as part of its consideration on the underlying Motion for Extension. (The Court would note the motion repeatedly refers to dates in June, 2023; however, the Court believes those dates should be in July, 2023). The Court does not need a response from Plaintiff’s to this Motion. However, if Plaintiffs wish to file anything to clarify/memorialize their position, they may do so on or before 3:00pm Mountain Time today (July 20, 2023). Signed by Judge David C. Nye.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
07/20/2023 30 RESPONSE to Motion re 28 MOTION for Leave to File Supplemental Information Regarding Motion for Extension [Dkt. 25], 21 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Preliminary Injunction , 1 Complaint, filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance. Replies due by 8/3/2023.(Sidney, Nicholas)
07/20/2023 31 ORDER -The Motion for Extension (Dkt. 21 ) is GRANTED in PART and DENIED in PART as outlined above. Responses due by 8/18/2023. Replies due by 9/6/2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
07/20/2023 32 DOCKET ENTRY NOTICE of Hearing on Motion 15 MOTION for Preliminary Injunction : Motion Hearing set for 9/13/2023 at 09:00 PM in Boise – Courtroom 1 before Judge David C. Nye. (pr)
07/20/2023 33 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion 15 MOTION for Preliminary Injunction : Motion Hearing set for 9/13/2023 at 09:00 AM in Boise – Courtroom 1 before Judge David C. Nye. **changed time from pm to am**(pr)
07/28/2023 34 MOTION for Temporary Restraining Order Jimmy Biblarz appearing for Plaintiffs Rachel Roe, Rebecca Roe, Ryan Roe. Responses due by 8/18/2023 (Attachments: # 1 Memorandum in Support Memorandum in Support of Plaintiffs’ Motion for Temporary Restraining Order)(Biblarz, Jimmy)
07/28/2023 35 MOTION to Set Response Time to Motion for Temporary Restraining Order re 34 MOTION for Temporary Restraining Order Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 8/18/2023 (Wilson, Lincoln)
07/28/2023 36 DOCKET ENTRY ORDER. Pending before the Court is Defendants’ Motion to Set Response Time. Dkt. 35 . The Motion is GRANTED as follows: Defendants’ response to Plaintiffs’ Motion for Temporary Restraining Order is due on or before August 4, 2023, and may be up to 10 pages in length (excluding the case caption, signature block etc.). Plaintiffs may file a reply, if desired, on or before August 8, 2023, of up to 5 pages in length. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
07/31/2023 Set/Reset Deadlines as to 34 MOTION for Temporary Restraining Order . Responses due by 8/4/2023. Replies due by 8/8/2023. (jd)
08/01/2023 37 DOCKET ENTRY ORDER. As part of the upcoming briefs (see Dkt. 36 ) the Court requests that the parties specifically address the status quo issue: what is/was the status quo?; what timeframe constitutes the status quo?; how does the timing of the lawsuit affect the status quo, if at all? This is not an exhaustive list and answers to each are not required. The Court simply would like the parties’ respective positions (and any supporting caselaw) on the status quo issue as that will be the Court’s main focus in determining Plaintiffs’ TRO Motion. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb).
08/03/2023 38 ORDER GRANTING MOTION TO PROCEED ANONYMOUSLY – IT IS HEREBY ORDERED that: Plaintiffs motion to proceed anonymously by using the pseudonym reflected inthe caption of this ORDER (Dkt. 13 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
08/04/2023 39 RESPONSE to Motion re 34 MOTION for Temporary Restraining Order filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway. Replies due by 8/18/2023. (Attachments: # 1 Declaration of Greg Wilson)(Wilson, Lincoln)
08/08/2023 40 REPLY to Response to Motion re 34 MOTION for Temporary Restraining Order filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance.Motion Ripe Deadline set for 8/9/2023.(Rosen, Jacob)
08/08/2023 41 NOTICE by United States of America re 15 MOTION for Preliminary Injunction Statement of Interest (Vaughan, Aria)
08/09/2023 42 MOTION for leave to file consolidated response and for extension re 15 MOTION for Preliminary Injunction , 41 Notice (Other) Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 8/30/2023 (Wilson, Lincoln)
08/10/2023 43 DOCKET ENTRY ORDER. Pending before the Court is Defendants’ Motion to Consolidate Response and for Extension of Time. Dkt. 42 . Good cause appearing, the same is GRANTED. Defendants may file a consolidate response to Plaintiffs’ PI Motion and the United States’ Statement of Interest. That response may be up to 25 pages in length and is due on or before August 22, 2023. Plaintiffs’ reply in support of their PI Motion may be up to 15 pages in length and is still due on or before September 6, 2023. The Court previously extended the deadline for Defendants to file their Answer to correspond with their response to the PI Motion deadline. Defendants do not indicate whether they are seeking an extension of that deadline in this current motion. Out of an abundance of caution, however, the Court will extend that deadline to August 22, 2023, as well. Finally, Defendants reference the hearing in this matter as set for September 16, 2023. To be clear, the hearing on Plaintiffs’ PI Motion is scheduled for September 13, 2023, at 9:00am. See Dkt. 33 . Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
08/10/2023 44 MEMORANDUM DECISION AND ORDER – Plaintiffs Motion for Temporary Restraining Order (Dkt. 34 ) is GRANTED. The provisions of S.B. 1100 are held in abeyance until the Court has an opportunity to rule on the merits of this action.The TRO will last until the Court issues a decision on Plaintiffs PI Motion unless ordered otherwise. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
08/21/2023 45 Consent MOTION for Protective Order Unopposed Rafael John Droz appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 9/11/2023 (Attachments: # 1 Exhibit Exhibit 1 – Stipulated Protective Order)(Droz, Rafael)
08/22/2023 46 ORDER GRANTING UNOPPOSED MOTION FOR PROTECTIVE ORDER – The Court hereby GRANTS the unopposed motion for entry of the proposed Stipulated Protective Order (Dkt. 45 ). The Stipulated Protective Order is hereby entered as an Order of the Court. IT IS SO ORDERED. Signed by Judge David C. Nye. (Attachments: # 1 Protective Order) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
08/22/2023 47 Motion to Dismiss for Failure to State a Claim Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 9/12/2023 (Attachments: # 1 Consolidated Response IOT Motion for PI and Statement of Interest and ISO Motion to Dismiss, # 2 Declaration of Lincoln Davis Wilson, # 3 Exhibit 1 to LDW Declaration, # 4 Exhibit 2 to LDW Declaration, # 5 Exhibit 3 to LDW Declaration, # 6 Exhibit 4 to LDW Declaration, # 7 Exhibit 5 to LDW Declaration, # 8 Declaration of James M. Cantor, Ph.D)(Wilson, Lincoln)
08/23/2023 CORRECTIVE ENTRY – The entry docket number [47-1] Consolidated Response in Opposition to Motion for Preliminary Injunction and Statement of Interest and in Support of Motion to Dismiss filed by David Hill, Maria Greeley, Dave Wagers, William G Gilbert, Jr, Linda Clark, Nancy Gregory, Shiva Rajbhandari, Independent School District of Boise City #1, Cindy Siddoway, Beth Oppenheimer, Kurt Liebich, Debbie Critchfield, Coby Dennis, Cally J Roach, Shawn Keough, Idaho State Board of Education, Elizabeth Langley was filed incorrectly in this case. Please refile this document only using the ECF event “Response to Motion” and link it to docket number 15 .(jd)
08/23/2023 48 RESPONSE to Motion re 15 MOTION for Preliminary Injunction filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Replies due by 9/6/2023.(Wilson, Lincoln)
08/28/2023 49 DOCKET ENTRY ORDER. In accordance with informal communications between the Court and counsel, the following deadlines and page limitations shall apply. Plaintiffs may file a brief, up to 25 pages in length, for their combined reply to their PI / response to Defendants’ motion to dismiss. That brief is due on or before September 6, 2023. Defendants may file a brief, up to 10 pages, as a reply to their motion to dismiss. That brief is due on or before 2:00pm on September 11, 2023. The Court will hear both motions at the hearing on September 13. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
08/28/2023 Set/Reset Deadlines as to dkt. 47 Motion to Dismiss for Failure to State a Claim . Replies due by 9/6/2023. Replies due by 9/11/2023. (ac) (Entered: 08/29/2023)
09/06/2023 50 REPLY to Response to Motion re 15 MOTION for Preliminary Injunction , 47 Motion to Dismiss for Failure to State a Claim filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance.Motion Ripe Deadline set for 9/7/2023. (Attachments: # 1 Affidavit Supplemental Declaration of Jimmy P. Biblarz, # 2 Affidavit Expert Rebuttal Declaration of Stephanie L. Budge, PH.D.)(Renn, Peter)
09/11/2023 51 REPLY to Response to Motion re 47 Motion to Dismiss for Failure to State a Claim filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers.Motion Ripe Deadline set for 9/12/2023. (Attachments: # 1 Appendix A – Legislative Testimony re SB 1100)(Wilson, Lincoln)
09/12/2023 52 The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (ac)
09/13/2023 53 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 9/13/2023 re 15 MOTION for Preliminary Injunction filed by Sexuality and Gender Alliance, Rachel Roe, Ryan Roe, Rebecca Roe, 47 Motion to Dismiss for Failure to State a Claim filed by David Hill, Maria Greeley, Dave Wagers, William G Gilbert, Jr, Linda Clark, Nancy Gregory, Shiva Rajbhandari, Independent School District of Boise City #1, Cindy Siddoway, Beth Oppenheimer, Kurt Liebich, Debbie Critchfield, Coby Dennis, Cally J Roach, Shawn Keough, Idaho State Board of Education, Elizabeth Langley. Court heard oral argument. Matter taken under advisement with a written decision to be forthcoming. (Court Reporter/ESR Anne Bowline.) (pr)
09/18/2023 54 NOTICE of Substitution – Attorney Christina S Paek terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Renn, Peter)
09/29/2023 55 MOTION for Leave to File Supplemental Authority in Further Opposition to Motion for Preliminary Injunction and In Further Support of Motion to Dismiss Lincoln Davis Wilson appearing for Defendants Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Responses due by 10/20/2023 (Attachments: # 1 Exhibit A – L.W. v. Skrmetti)(Wilson, Lincoln)
10/04/2023 56 RESPONSE to Motion re 55 MOTION for Leave to File Supplemental Authority in Further Opposition to Motion for Preliminary Injunction and In Further Support of Motion to Dismiss filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance. Replies due by 10/18/2023.(Renn, Peter)
10/06/2023 57 REPLY to Response to Motion re 55 MOTION for Leave to File Supplemental Authority in Further Opposition to Motion for Preliminary Injunction and In Further Support of Motion to Dismiss filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers.Motion Ripe Deadline set for 10/10/2023.(Wilson, Lincoln)
10/06/2023 58 NOTICE of Substitution – Attorney James Edward Monroe Craig for Linda Clark,James Edward Monroe Craig for Debbie Critchfield,James Edward Monroe Craig for Coby Dennis,James Edward Monroe Craig for William G Gilbert, Jr,James Edward Monroe Craig for Maria Greeley,James Edward Monroe Craig for Nancy Gregory,James Edward Monroe Craig for David Hill,James Edward Monroe Craig for Idaho State Board of Education,James Edward Monroe Craig for Independent School District of Boise City #1,James Edward Monroe Craig for Shawn Keough,James Edward Monroe Craig for Elizabeth Langley,James Edward Monroe Craig for Kurt Liebich,James Edward Monroe Craig for Beth Oppenheimer,James Edward Monroe Craig for Shiva Rajbhandari,James Edward Monroe Craig for Cally J Roach,James Edward Monroe Craig for Cindy Siddoway,James Edward Monroe Craig for Dave Wagers added. Attorney Lincoln Davis Wilson terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Craig, James)
10/10/2023 59 Notice of Filing of Official Transcript of Motion Hearing Proceedings held on 9/13/2023 before Judge David C. Nye. Court Reporter Anne Bowline, Email Anne_Bowline@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. Redaction Request due 10/31/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/8/2024. (amb)
10/12/2023 60 MEMORANDUM DECISION AND ORDER – Plaintiffs Motion for Preliminary Injunction (Dkt. 15 ) is DENIED. Defendants Motion to Dismiss (Dkt. 47 ) is DENIED. The Courts previously entered TRO will end, and S.B. 1100 will take effect, 21 days from the date of this order. Defendants Motion for Leave to File Supplemental Authority (Dkt. 55 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
10/16/2023 61 NOTICE OF INTERLOCUTORY APPEAL 23-2807 as to 60 Order by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance. Filing Fee Due. $ 505, receipt number AIDDC-2644510. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Exhibit A – Memorandum Decision and Order (Doc. 60), # 2 Exhibit B – Representation Statement)(Renn, Peter) Modified on 10/16/2023, to add USCA case number (jd).
10/16/2023 62 DOCKET ENTRY NOTICE USCA Case Number 23-2807 for 61 Notice of Interlocutory Appeal, filed by Sexuality and Gender Alliance, Rachel Roe, Ryan Roe, Rebecca Roe. (jd)
10/16/2023 63 USCA DOCKETING NOTICE 23-2807 for 61 Notice of Interlocutory Appeal, filed by Sexuality and Gender Alliance, Rachel Roe, Ryan Roe, Rebecca Roe. (jd)
10/16/2023 64 Expedited MOTION for Preliminary Injunction Pending Appeal Kell L Olson appearing for Plaintiffs Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance. Responses due by 11/6/2023 (Attachments: # 1 Memorandum in Support)(Olson, Kell)
10/16/2023 67 NOTICE of Motion filed at 9CCA ( USCA No. 23-2807) (ac) (Entered: 10/19/2023)
10/18/2023 65 DOCKET ENTRY ORDER. Pending before the Court is Plaintiffs’ Expedited Motion for Preliminary Injunction Pending Appeal. Dkt. 64 . To ensure the just and speedy resolution of this Motion, the Court orders as follows: Defendants’ response to the Motion shall be filed on or before October 22, 2023. Plaintiffs’ reply shall be filed on or before 12:00pm (MDT) October 25, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
10/18/2023 66 NOTICE of Substitution – Attorney James E Rice for Linda Clark,James E Rice for Debbie Critchfield,James E Rice for Coby Dennis,James E Rice for William G Gilbert, Jr,James E Rice for Maria Greeley,James E Rice for Nancy Gregory,James E Rice for David Hill,James E Rice for Idaho State Board of Education,James E Rice for Independent School District of Boise City #1,James E Rice for Shawn Keough,James E Rice for Elizabeth Langley,James E Rice for Kurt Liebich,James E Rice for Beth Oppenheimer,James E Rice for Shiva Rajbhandari,James E Rice for Cally J Roach,James E Rice for Cindy Siddoway,James E Rice for Dave Wagers added. Attorney Rafael John Droz terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Rice, James)
10/18/2023 Set/Reset Deadlines as to dkt 64 Expedited MOTION for Preliminary Injunction. Responses due by 10/22/2023 Replies due on or before 12:00pm (MDT)10/25/2023. (ac) (Entered: 10/19/2023)
10/22/2023 68 MEMORANDUM in Opposition re 64 Expedited MOTION for Preliminary Injunction Pending Appeal filed by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers. Replies due by 11/6/2023.(Craig, James)
10/23/2023 69 USCA NOTICE- ( USCA No.23-2807) (ac)
10/23/2023 70 USCA NOTICE ( USCA No.23-2807) (ac)
10/25/2023 71 USCA NOTICE ( USCA No.23-2807) (ac)
10/25/2023 72 REPLY to Response to Motion re 64 Expedited MOTION for Preliminary Injunction Pending Appeal filed by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance.Motion Ripe Deadline set for 10/26/2023.(Olson, Kell)
10/26/2023 73 ANSWER to 1 Complaint, For Declaratory and Injunctive Relief by Linda Clark, Debbie Critchfield, Coby Dennis, William G Gilbert, Jr, Maria Greeley, Nancy Gregory, David Hill, Idaho State Board of Education, Independent School District of Boise City #1, Shawn Keough, Elizabeth Langley, Kurt Liebich, Beth Oppenheimer, Shiva Rajbhandari, Cally J Roach, Cindy Siddoway, Dave Wagers.(Craig, James)
10/27/2023 74 ORDER of USCA ( USCA No. 23-2807) “The motion for injunctive relief (Docket Entry No. 4) is granted. The existing briefing schedule remains in effect. ” (ac)
10/27/2023 75 MEMORANDUM DECISION AND ORDER. Plaintiffs’ Motion for Preliminary Injunction Pending Appeal (Dkt. 64 ) is MOOT. The Clerk of the Court shall send a copy of this order to the Ninth Circuit for placement, if appropriate, in Circuit Case No. 23-2807. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
12/28/2023 76 NOTICE by Rachel Roe, Rebecca Roe, Ryan Roe, Sexuality and Gender Alliance Notice of Withdrawal of Counsel (Hitchcock, Avery)

Last updated 05/09/2024
Reconciled with online docket 05/04/2024