Nampa Classical Academy, et al v. William Goesling, et al
| NAMPA CLASSICAL ACADEMY, ISAAC MOFFETT, M. K., a minor, by and through her next friend and MARIA KOSMANN, individually and as next friend of M.K., a minor |
| WILLIAM GOESLING, individually and in his official capacity as Chairman of the Idaho Public Charter School Commission ("Commission"), BRAD CORKILL, GAYANN DEMORDAUNT, GAYLE O'DONAHUE, ALAN REED, ESTHER VAN WART, all individually and in their official capacities as members of the Commission, MICHAEL RUSH, individually and in his official capacity as Executive Director of the State Board of Education, PAUL AGIDIUS, Board Pressident, RICHARD WESTERBERG, Board Vice President, KENNETH EDMUNDS, Board Secretary, EMMA ATCHLEY, ROD LEWIS, DON SOLTMAN, MILFORD TERRELL, all individually and in their official capacities as members of the Board, TOM LUNA, individually and in his official capacities as Superintendent of Public Instruction, as Executive Secretary of the Board, and as Chief Executive Officer of the State Department of Education, LAWRENCE WASDEN, in his official capacity as the Attorney General of the State of Idaho and TAMARA BAYSINGER |
| 10-35542 |
| June 14, 2010 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 45 Received notice from the Supreme Court: petition for certiorari filed on 12/21/2011. Supreme Court Number 11-786. [8010115] (HH) |
| Filing 44 MANDATE ISSUED.(SR, WAF and JBR) [7916789] (TB) |
| Filing 43 Filed order (STEPHEN R. REINHARDT, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) The panel has voted unanimously to deny the petition for rehearing en banc. The full court has been advised of the petition, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is denied. [7907700] (WL) |
| Filing 42 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy petition for rehearing en banc (from 08/15/2011 memorandum). Date of service: 08/29/2011. [7874546] (DAC) |
| Filing 41 FILED MEMORANDUM DISPOSITION (STEPHEN R. REINHARDT, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) AFFIRMED. FILED AND ENTERED JUDGMENT. [7857330] (DD) |
| Filing 40 ARGUED AND SUBMITTED TO STEPHEN R. REINHARDT, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON. [7776726] (SB) |
| Filing 39 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy Correspondence: Response to Defendants-Appellees’ May 27, 2011 Letter. Date of service: 06/03/2011 [7772797] (DAC) |
| Filing 38 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Correspondence: Pursuant to the Notice of Cases Set for Filing, Defendants-Appellees address two of the topics listed in that Notice: Possibility of Mootness and Additional Citations. Date of service: 05/27/2011 [7767211] (MSG) |
| Filing 37 Filed clerk order (Deputy Clerk: WL): Appellants’ motion for judicial notice of the revocation of Nampa Classical Academy's charter is GRANTED. [7743914] (WL) |
| Filing 36 REVISED...Notice of Oral Argument on JUNE 7 2011 Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7741153] (CL) |
| Filing 35 UPDATED CASE CALENDARED: 06/07/2011 9:00AM Seattle, WA SE Nakamura Cthse, 7th Flr Courtroom. [7741084] (CL) |
| Filing 34 Filed clerk order (Deputy Clerk:WL): Both parties have advised the court that they are available to participate in oral argument in Seattle on June 7, 2011. Accordingly, appellee’s motion to reschedule oral argument is GRANTED, and oral argument in this case is rescheduled to take place on June 7, 2011 at 9:00 a.m. [7740942] (WL) |
| Filing 33 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy Correspondence: Plaintiffs-Appellants' Availability for Oral Argument On June 7, 2011. Date of service: 05/04/2011 [7740069] (DAC) |
| Filing 32 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Correspondence: Amended Response to Court's Order for Letter of Availability for 6-7-11 Oral Argument. Date of service: 05/03/2011 [7737569] (MSG) |
| Filing 31 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Correspondence: Response to Court Order to Submit Letter of Availability for 6-7-11 Oral Argument. Date of service: 05/03/2011 [7737500] (MSG) |
| Filing 30 Filed clerk order (Deputy Clerk:WL): In light of appellees’ motion to reschedule oral argument the parties are ordered to submit letters by Friday, May 6, 2011, advising the court of their availability to participate in oral argument in Seattle on June 7, 2011. [7736744] (WL) |
| Filing 29 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy response non-opposing motion (,motion to reschedule oral argument). Date of service: 05/02/2011. [7736447] (DAC) |
| Filing 28 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Motion to reschedule oral argument. Date of service: 04/29/2011. [7735338] (MSG) |
| Filing 27 Notice of Oral Argument on JUNE 10th Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7732884] (SB) |
| Filing 26 Received 7 paper copies of Answering brief [18] filed by William Goesling, et al. [7668981] (SD) |
| Filing 25 Received 7 paper copies of Reply brief [22] filed by Maria Kosmann, Isaac Moffett and Nampa Classical Academy. [7665863] (SD) |
| Filing 24 Filed Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy supplemental excerpts of record on appeal in 1 volumes. [7661962] (FT) |
| Filing 23 Filed clerk order: The reply brief [22] submitted by M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7661071] (FT) |
| Filing 22 Submitted (ECF) Reply brief for review. Submitted by Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy. Date of service: 02/25/2011. [7660021] (DAC) |
| Filing 21 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Correspondence: Certificate for Brief in Paper Format. Date of service: 02/18/2011 [7654470] (MSG) |
| Filing 20 Filed Appellee Paul Agidius supplemental excerpts of record on appeal in 1 volumes. [7650246] (FT) |
| Filing 19 Filed clerk order: The answering brief [18] submitted by Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7641737] (FT) |
| Filing 18 Submitted (ECF) Answering brief for review. Submitted by Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg. Date of service: 02/09/2011. [7641382] (MSG) |
| Filing 17 Filed Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy excerpts of record in 4 volumes. Served on 1/7/2011. [7616828] (FT) |
| Filing 16 Received corrected deficiency of Corrected color covers for Excerpts of Record (white covers) from Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy [7616108] (FT) |
| Filing 15 Received 7 paper copies of Opening brief [12] filed by M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy. [7614007] (SD) |
| Filing 14 Received Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy excerpts of record in 4 volumes. Served on 01/07/2011 [7610536] *(The Excerpts needs WHITE Covers). Notified Counsel. (FT) |
| Filing 13 Filed clerk order: The opening brief [12] submitted by M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7605561] (JJF) |
| Filing 12 Submitted (ECF) Opening brief for review. Submitted by Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy. Date of service: 01/07/2011. [7604055] (DAC) |
| Filing 11 Filed order (Appellate Commissioner) Appellees’ motion to dismiss “issues regarding injunctive relief as moot” is denied without prejudice to renewing the arguments in the answering brief. See Nat’l Indus. v. Republic Nat’l Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (stating that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion for judicial notice is referred to the panel that will be assigned to hear the merits of the appeal. The opening brief and excerpts of record are due January 10, 2011; the answering brief is due February 9, 2011; and the optional reply brief is due within 14 days after service of the answering brief. (MOATT) [7557840] (WL) |
| Filing 10 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 09/29/2010. [7491199] (MSG) |
| Filing 9 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 09/22/2010. [7483498] (DAC) |
| Filing 8 Filed (ECF) Appellees Paul Agidius, Emma Atchley, Tamara Baysinger, Brad Corkill, Gayann DeMordaunt, Kenneth Edmunds, William Goesling, Rod Lewis, Tom Luna, Gayle O'Donahue, Alan Reed, Michael Rush, Don Soltman, Milford Terrell, Esther Van Wart, Lawrence Garth Wasden and Richard Westerberg Motion for miscellaneous relief [to declare some issues on appeal moot.]. Date of service: 09/10/2010. [7470025] (MSG) |
| Filing 7 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy Motion to take judicial notice of the Revocation of Nampa Classical Academy's Charter. Date of service: 09/07/2010. [7464824] (DAC) |
| Filing 6 Case rejected from Circuit Mediation Program. [7431978] [09-15365, 09-36005, 10-15264, 10-15516, 10-15598, 10-16001, 10-16096, 10-16215, 10-16260, 10-16261, 10-16333, 10-16334, 10-16391, 10-16392, 10-16513, 10-35512, 10-35542, 10-35544, 10-35624, 10-55471, 10-55563, 10-55610, 10-55626, 10-55656, 10-55713, 10-55861, 10-55866, 10-55933, 10-56005, 10-60031, 10-71911, 10-72051, 10-72073, 10-72183, 10-80117, 10-80118, 10-80119] (SB) |
| Filing 5 Filed certificate of record on appeal. RT filed in DC [7387056] (JFF) |
| Filing 4 Received designation of reporter's transcript form. [7386455] (JFF) |
| Filing 3 Filed (ECF) Appellants M. K., Maria Kosmann, Isaac Moffett and Nampa Classical Academy Mediation Questionnaire. Date of service: 06/17/2010. [7375264] (DAC) |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/21/2010. Transcript ordered by 07/14/2010. Transcript due 08/13/2010. Appellant M. K., Appellant Maria Kosmann, Appellant Isaac Moffett and Appellant Nampa Classical Academy opening brief due 09/22/2010. Appellee Paul Agidius, Appellee Emma Atchley, Appellee Tamara Baysinger, Appellee Brad Corkill, Appellee Gayann DeMordaunt, Appellee Kenneth Edmunds, Appellee William Goesling, Appellee Rod Lewis, Appellee Tom Luna, Appellee Gayle O'Donahue, Appellee Alan Reed, Appellee Michael Rush, Appellee Don Soltman, Appellee Milford Terrell, Appellee Esther Van Wart, Appellee Lawrence Wasden and Appellee Richard Westerberg answering brief due 10/22/2010. Appellant's optional reply brief is due 14 days after service of the answering brief. NOTE: Per Moatt, this is not a preliminary injunction appeal. [7371191] (GR) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/21/2010. PRELIMINARY INJUNCTION APPEAL. RULE 3-3- APPLIES, ALL FILINGS TO MOATT.[7370926] (GR) |
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