Van Kirk, et al v. Mountain West Conference, et al
| KAYLIE RAY, MACEY BOGGS, SIERRA GRIZZLE, KATELYN VAN KIRK, ELLE PATTERSON, JORDAN SANDY, ALYSSA SUGAI, BROOKE SLUSSER, ALEAH LIILII, MELISSA BATIE-SMOOSE, KIERSTEN VAN KIRK and NICANORA CLARKE |
| MOUNTAIN WEST CONFERENCE, GLORIA NEVAREZ, in her official capacity as the Commissioner of the Mountain West Conference, TODD KRESS, individually and in his official capacity as the head coach of San Jose State University Women's Volleyball Team, LAURA ALEXANDER, individually and in her official capacity as the Senior Associate Athletic Director for Student-Athlete Wellness and Leadership Development at San Jose State University, MICHELLE MCDONALD SMITH, individually and in her official capacity as the Senior Director of Media Relations at San Jose State University and BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY |
| UTAH STATE UNIVERSITY |
| 24-1461 |
| November 25, 2024 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 31 [11153025] Order filed by Clerk of the Court granting Appellants' unopposed motion to extend time to file brief. Appellants brief and appendix are now due on 02/28/2025 for Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. No further extensions of time will be granted on the clerk's authority. Served on 01/23/2025. Text only entry - no attachment. [24-1461] [Entered: 01/23/2025 01:18 PM] |
| Filing 30 [11153002] Motion filed by Appellants Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk to extend time to file appellant/petitioner's brief until 02/28/2025. Served on: 01/23/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] WB [Entered: 01/23/2025 12:32 PM] |
| Filing 29 [11147154] Order filed by Clerk of the Court referring appellees reply in support [ # 28 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 12/27/2024. [24-1461] [Entered: 12/27/2024 03:56 PM] |
| Filing 28 [11147139] Reply filed by Laura Alexander, Board of Trustees of the California State University, Todd Kress and Michelle McDonald Smith, Gloria Nevarez, and the Mountain West Conference to Plaintiffs-Appellants' Response in Opposition to Defendants' Motion to Dismiss Appeal as Moot. Served on 12/27/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] BHH [Entered: 12/27/2024 03:26 PM] |
| Filing 27 [11145987] Order filed by Clerk of the Court - This matter comes before the court on Appellees motion to dismiss appeal as moot and Appellants response in opposition. The motion and response are referred to the panel of judges who will be later assigned to consider this appeal on the merits; the court will not make any decision on it at this time. Appellants brief and appendix due on 01/29/2025 for Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. Served on 12/20/2024. [24-1461] [Entered: 12/20/2024 01:33 PM] |
| Filing 26 [11145885] Response filed by Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk to Defendants' Motion to Dismiss Appeal as Moot. Served on 12/20/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] WB [Entered: 12/20/2024 11:29 AM] |
| Filing 25 [11142985] Order filed by Clerk of the Court directing appellants to file a response to appellees' motion to dismiss appeal as moot by 12/20/2024. Briefing is tolled pending further order of this court. Served on 12/10/2024. (See the attachment for the order.) [24-1461] [Entered: 12/10/2024 11:28 AM] |
| Filing 24 [11142960] Entry of appearance filed by Ms. Jennifer Bryant, Mr. Bryan Harte Heckenlively and Ms. Helen E White for Todd Kress, Board of Trustees of the California State University and Laura Alexander. CERT. OF INTERESTED PARTIES: n. Served on 12/10/2024. Manner of Service: email. [24-1461] [Entered: 12/10/2024 11:01 AM] |
| Filing 23 [11142815] Filed notice record is complete. Served on 12/10/2024. Appellants brief and appendix due on 01/21/2025 for Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. [24-1461] [Entered: 12/10/2024 06:29 AM] |
| Filing 22 [11142807] Supplement filed by Todd Kress, Board of Trustees of the California State University, Laura Alexander, Michelle Smith McDonald and the Mountain West Conference and Gloria Nevarez to Declaration of Bryan Harte Heckenlively In Support of Defendants Motion to Dismiss. Served on 12/09/2024. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] BHH [Entered: 12/09/2024 09:03 PM] |
| Filing 21 [11142806] Motion filed by Appellee Todd Kress, Board of Trustees of the California State University, Laura Alexander, Michelle Smith McDonald and the Mountain West Conference and Gloria Nevarez to dismiss case. Served on: 12/09/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] BHH [Entered: 12/09/2024 08:54 PM] |
| Filing 20 [11142805] Entry of appearance submitted by Bryan H. Heckenlively; Jennifer L. Bryant; Helen E. White for Not Parties Board of Trustees of the California State University, Laura Alexander, Michelle McDonald Smith and Appellee Todd Kress for court review. Certificate of Interested Parties: No. Served on 12/09/2024. Manner of Service: email. [24-1461]--[Edited 12/10/2024 by KLP to delete the attachment; entry filed.] BHH [Entered: 12/09/2024 08:30 PM] |
| Filing 19 [11142804] Rule 26 Disclosure Statement filed by Board of Trustees of the California State University, Laura Alexander, Michelle McDonald Smith and Todd Kress. More than 50 parties disclosed: no. Served on 12/09/2024. Manner of Service: email. [24-1461] BHH [Entered: 12/09/2024 08:25 PM] |
| Filing 18 [11142715] Minute order filed - Notice due that record is complete by 12/16/2024 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [24-1461] [Entered: 12/09/2024 02:56 PM] |
| Filing 17 [11142707] Notice filed that the transcript is already on file in the district court filed by Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. Served on: 12/09/2024. Manner of Service: email. [24-1461] WB [Entered: 12/09/2024 02:51 PM] |
| Filing 16 [11142692] Entry of appearance filed by Kyler Karl Burgi and Mr. Chad David Williams, Esq. for Mountain West Conference and Gloria Nevarez. CERT. OF INTERESTED PARTIES: n. Served on 12/09/2024. Manner of Service: email [24-1461] [Entered: 12/09/2024 02:37 PM] |
| Filing 15 [11142664] Entry of appearance submitted by Kyler K. Burgi and Chad D. Williams for Appellees Gloria Nevarez and Mountain West Conference for court review. Certificate of Interested Parties: No. Served on 12/09/2024. Manner of Service: email. [24-1461]--[Edited 12/09/2024 by LG to remove PDF from entry, as pleading was filed on 12/9/2024] KKB [Entered: 12/09/2024 01:56 PM] |
| Filing 14 [11142439] Entry of appearance filed by Wesley R. Powell for Mountain West Conference and Gloria Nevarez. CERT. OF INTERESTED PARTIES: n. Served on 12/09/2024. Manner of Service: email [24-1461] [Entered: 12/09/2024 08:36 AM] |
| Filing 13 [11142437] Rule 26 Disclosure Statement filed by Mountain West Conference. More than 50 parties disclosed: no. Served on 12/09/2024. Manner of Service: email. [24-1461] WP [Entered: 12/09/2024 08:35 AM] |
| Filing 12 [11142436] Entry of appearance submitted by Wesley R. Powell for Appellees Mountain West Conference and Gloria Nevarez for court review. Certificate of Interested Parties: No. Served on 12/09/2024. Manner of Service: email. [24-1461]--[Edited 12/09/2024 by LG to remove PDF from entry, as pleading was filed on 12/9/2024] WP [Entered: 12/09/2024 08:32 AM] |
| Filing 11 [11142433] Entry of appearance filed by Matt D. Basil for Gloria Nevarez and Mountain West Conference. CERT. OF INTERESTED PARTIES: n. Served on 12/09/2024. Manner of Service: email [24-1461] [Entered: 12/09/2024 08:30 AM] |
| Filing 10 [11142431] Entry of appearance submitted by Matt D. Basil for Appellees Mountain West Conference and Gloria Nevarez for court review. Certificate of Interested Parties: No. Served on 12/09/2024. Manner of Service: email. [24-1461]--[Edited 12/09/2024 by LG to remove PDF from entry, as pleading was filed on 12/9/2024] MDB [Entered: 12/09/2024 08:25 AM] |
| Filing 9 [11139948] Rule 26 Disclosure Statement filed by Brooke Slusser, Kaylie Ray, Katelyn Van Kirk and Kiersten Van Kirk. More than 50 parties disclosed: no. Served on 11/26/2024. Manner of Service: email. [24-1461] WB [Entered: 11/26/2024 02:39 PM] |
| Filing 8 [11139945] Docketing statement filed by Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. Served on 11/26/2024. Manner of Service: email. [24-1461] WB [Entered: 11/26/2024 02:35 PM] |
Filing 7
[11139840] Order filed by Judges Moritz and Lucero denying emergency motion for injunction pending appeal filed by Appellants Kiersten Van Kirk, Katelyn Van Kirk, Brooke Slusser and Kaylie Ray. See order for details. Served on 11/26/2024. [24-1461] [Entered: 11/26/2024 11:34 AM]
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| Filing 6 [11139708] Entry of appearance filed by Mr. Stanford E. Purser for not-party Utah State University. CERT. OF INTERESTED PARTIES: n. Served on 11/26/2024. Manner of Service: email. [24-1461] --[Edited 11/26/2024 by SDS modify text] [Entered: 11/26/2024 09:31 AM] |
| Filing 5 [11139702] Entry of appearance submitted by Stanford Purser for Not Party Utah State University for court review. Certificate of Interested Parties: No. Served on 11/26/2024. Manner of Service: email. [24-1461] --[Edited 11/26/2024 by SDS to remove pdf from entry as the pleading has been filed] SEP [Entered: 11/26/2024 09:26 AM] |
| Filing 4 [11139697] Entry of appearance filed by Mr. William Bock, III for Kiersten Van Kirk, Katelyn Van Kirk, Brooke Slusser and Kaylie Ray. CERT. OF INTERESTED PARTIES: y. Served on 11/26/2024. Manner of Service: email. [24-1461] [Entered: 11/26/2024 09:24 AM] |
| Filing 3 [11139688] Entry of appearance submitted by William Bock III for Appellants Brooke Slusser, Kaylie Ray, Katelyn Van Kirk and Kiersten Van Kirk for court review. Certificate of Interested Parties: Yes. Served on 11/26/2024. Manner of Service: email. [24-1461] --[Edited 11/26/2024 by SDS to remove pdf from entry as the pleading has been filed] WB [Entered: 11/26/2024 09:16 AM] |
| Filing 2 [11139590] Motion filed by Appellants Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk for injunction pending appeal. Emergency Relief Requested? Yes. Date of event: 11/27/2024. Served on: 11/25/2024. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [24-1461] WB [Entered: 11/25/2024 05:41 PM] |
| Filing 1 [11139553] Civil case docketed. Preliminary record filed. DATE RECEIVED: 11/25/2024 Docketing statement, transcript order form, and notice of appearance due 12/09/2024 for Kaylie Ray, Brooke Slusser, Katelyn Van Kirk and Kiersten Van Kirk. Notice of appearance due on 12/09/2024 for Todd Kress, Mountain West Conference, Gloria Nevarez. Disclosure statement due on 12/09/2024 for Mountain West Conference [24-1461] [Entered: 11/25/2024 03:02 PM] |
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