Horizon Christian School, et al v. Kate Brown
| HORIZON CHRISTIAN SCHOOL, an Oregon nonprofit corporation, JASON NISSEN, ASHLEY CADONAU, LYNN MONTANG, JOHN MONTANG, REGINA MICHELINE, SARAH RODRIGUEZ, LIFE CHRISTIAN SCHOOL, an assumed business name, DOMINIQUE BAYNES, TRACIE NISSEN and DAN ALDER |
| KATE BROWN, Governor, State of Oregon |
| AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE, CENTRAL CONFERENCE OF AMERICAN RABBIS, COVENANT NETWORK OF PRESBYTERIANS, INTERFAITH ALLIANCE FOUNDATION, MEN OF REFORM JUDAISM, METHODIST FEDERATION |
| 21-35005 |
| January 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| HORIZON CHRISTIAN SCHOOL V. KATE BROWN |
Docket Report
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This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 Received 6 paper copies of Answering Brief [ # 16 ] filed by Kate Brown. [12023993] (SD) [Entered: 03/04/2021 10:00 AM] |
| Filing 22 Filed clerk order (Deputy Clerk: GS): Motion (ECF Filing) is referred to panel.; Motion (ECF Filing) motion to become amicus is referred to panel. (see attached PDF for complete order addressing Dkt No. 18) [12021948] (GS) [Entered: 03/02/2021 03:26 PM] |
| Filing 21 Added Attorney(s) Richard B. Katskee for party(s) Amicus Curiae - Pending Americans United for Separation of Church and State, in case 21-35005. [12021468] (DJV) [Entered: 03/02/2021 11:58 AM] |
| Filing 20 Filed (ECF) notice of appearance of Richard B. Katskee (Americans United for Separation of Church and State, 1310 L Street NW, Suite 200, Washington, DC 20005) for Amicus Curiae - Pending Americans United for Separation of Church and State. Date of service: 03/02/2021. (Party was previously proceeding with counsel.) [12021447] [21-35005] (Katskee, Richard) [Entered: 03/02/2021 11:53 AM] |
| Filing 19 Entered appearance of Amici Curiae - Pending Americans United for Separation of Church and State, et al. [12021367] (LA) [Entered: 03/02/2021 11:24 AM] |
| Filing 18 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Central Conference of American Rabbis; Covenant Network of Presbyterians; Interfaith Alliance Foundation; Men of Reform Judaism; see cover for more amici. Date of service: 03/01/2021. [12020809] [21-35005] (Luchenitser, Alexander) [Entered: 03/01/2021 11:22 PM] |
| Filing 17 Filed clerk order: The answering brief [ # 16 ] submitted by Kate Brown is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12012277] (LA) [Entered: 02/22/2021 03:24 PM] |
| Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kate Brown. Date of service: 02/22/2021. [12012186] [21-35005] (Casper, Michael) [Entered: 02/22/2021 02:55 PM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 10 ] filed by Appellants. [11992538] (SD) [Entered: 02/04/2021 10:11 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 1 volume(s) filed by Appellants. [11991793] (LA) [Entered: 02/03/2021 03:35 PM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11989372] (LW) [Entered: 02/02/2021 09:19 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 11 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11983787] (LA) [Entered: 01/27/2021 04:16 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Dan Alder, Dominique Baynes, Ashley Cadonau, Horizon Christian School, Life Christian School, Regina Micheline, John Montang, Lynn Montang, Jason Nissen, Tracie Nissen, Sarah Rodriguez and Appellee Kate Brown. Date of service: 01/25/2021. [11980765] [21-35005]--[COURT UPDATE: Attached corrected excerpts, updated docket text to correct excerpts type. 01/27/2021 by LA] (Kaempf, John) [Entered: 01/25/2021 05:07 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Dan Alder, Dominique Baynes, Ashley Cadonau, Horizon Christian School, Life Christian School, Regina Micheline, John Montang, Lynn Montang, Jason Nissen, Tracie Nissen, Sarah Rodriguez and Appellee Kate Brown. Date of service: 01/25/2021. [11980752] [21-35005]--[COURT UPDATE: Attached corrected brief. 01/27/2021 by LA] (Kaempf, John) [Entered: 01/25/2021 05:03 PM] |
| Filing 9 Filed order (KIM MCLANE WARDLAW, MORGAN B. CHRISTEN and ERIC D. MILLER): Appellants emergency motion for injunctive relief (Docket Entry No. 3) is denied. Appellants have not shown that they are likely to suffer irreparable harm. See Winter v. NRDC, Inc., 555 U.S. 7, 20 (2008). The district court determined that there has been a shift in the governors view about the merits of in-person education . . . across the whole spectrum of K-through-12 education and that the challenged order has been modified so that it no longer prohibits appellantsor anyone elsefrom conducting in-person classes. Appellee represents that the state has no plans to impose any such mandatory prohibitions in the future. This case is therefore different from Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 68 (2020), in which the party seeking an injunction was under a constant threat that the area in question [would] be reclassified because [t]he Governor regularly change[d] the classification of particular areas without prior notice. This denial is without prejudice to renewal in the event the challenged mandatory restrictions on in-person instruction are reimposed during the pendency of this appeal. The previously established briefing schedule remains in effect. [11961283] (AF) [Entered: 01/12/2021 03:35 PM] |
| Filing 8 Filed (ECF) Appellants Dan Alder, Dominique Baynes, Ashley Cadonau, Horizon Christian School, Life Christian School, Regina Micheline, John Montang, Lynn Montang, Jason Nissen, Tracie Nissen and Sarah Rodriguez reply to response (). Date of service: 01/10/2021. [11958121] [21-35005] (Kaempf, John) [Entered: 01/10/2021 08:24 PM] |
| Filing 7 Filed (ECF) Appellee Kate Brown response to motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 01/08/2021. [11957440] [21-35005] (Casper, Michael) [Entered: 01/08/2021 02:45 PM] |
| Filing 6 Attorney Marc Abrams in 21-35005 substituted by Attorney Michael A. Casper in 21-35005 [11956029] (JFF) [Entered: 01/07/2021 02:52 PM] |
| Filing 5 Filed (ECF) notice of appearance of Michael A. Casper (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellee Kate Brown. Substitution for Attorney Marc Abrams, Esquire for Appellee Kate Brown. Date of service: 01/07/2021. (Party was previously proceeding with counsel.) [11955869] [21-35005] (Casper, Michael) [Entered: 01/07/2021 01:37 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency motion for an injunction pending appeal. Appellees response to the motion is due January 8, 2021. The optional reply in support of the motion is due January 11, 2021. [11953988] (AF) [Entered: 01/06/2021 09:59 AM] |
| Filing 3 Filed (ECF) Appellants Dan Alder, Dominique Baynes, Ashley Cadonau, Horizon Christian School, Life Christian School, Regina Micheline, John Montang, Lynn Montang, Jason Nissen, Tracie Nissen and Sarah Rodriguez EMERGENCY Motion for injunction pending appeal. Date of service: 01/05/2021. [11953391] [21-35005] (Kaempf, John) [Entered: 01/05/2021 03:53 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed January 2, 2021is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than February 1, 2021; the answering brief is due March 1, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11951161] (AF) [Entered: 01/04/2021 01:31 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11950830] (JBS) [Entered: 01/04/2021 11:26 AM] |
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