John Doe, et al v. San Diego Unified School Distr, et al
| JOHN DOE, an individual, JANE DOE, individually and as parent and next friend of Jill Doe, a minor child and JILL DOE, a minor child, by and through her next friend, Jane Doe |
| SAN DIEGO UNIFIED SCHOOL DISTRICT, RICHARD BARRERA, in his official capacity as Board President, SHARON WHITEHURST-PAYNE, in her official capacity as Board Vice President, MICHAEL MCQUARY, in his official capacity as Board member, KEVIN BEISER, in his official capacity as Board member, SABRINA BAZZO, in her official capacity as Board member and LAMONT JACKSON, in his official capacity as Interim Superintendent |
| 21-56259 |
| November 18, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
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 Doe v. San Diego Unified School District
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JOHN DOE V. SAN DIEGO UNIFIED SCHOOL DIST
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Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
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Filing 28
Filed Order for PUBLICATION (MARSHA S. BERZON, SANDRA S. IKUTA and MARK J. BENNETT) The majority of the panel has voted to deny appellants motion for reconsideration en banc. Judge Berzon and Judge Bennett have voted to deny the motion for reconsideration en banc. Judge Ikuta has voted to grant the motion for reconsideration en banc. The full court has been advised of the motion for reconsideration en banc. A judge of the court requested a vote on en banc rehearing. The majority of the active judges have voted to deny rehearing the matter en banc. Fed. R. App. P. 35(f). The motion for reconsideration en banc is DENIED. Judge Bumatays dissent from the denial of rehearing en banc, Judge Berzon and Judge Bennetts concurrence in the denial of reconsideration en banc, Judge OScannlains statement respecting the denial of rehearing en banc, Judge Bresss dissent from the denial of rehearing en banc, and Judge Forrests dissent from the denial of rehearing en banc are filed concurrently herewith. Judge Owens did not participate in the deliberations or vote in this case.--[Edited (attached corrected Order - sentence added at end of Order on page 2) 01/14/2022 by AKM][12341115] (AKM) [Entered: 01/14/2022 10:48 AM]
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Filing 27
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe Motion to extend time to file Opening brief until 02/17/2022. Date of service: 01/13/2022. [12340306] [21-56259] (Jonna, Paul) [Entered: 01/13/2022 02:12 PM]
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Filing 26
Filed order (MARSHA S. BERZON, SANDRA S. IKUTA and MARK J. BENNETT): On January 3, 2022, Plaintiffs-Appellants filed a Reply in Support of Plaintiffs-Appellants Motion for Reconsideration En Banc. Dkt. [ # 25 ]. Federal Rule of Appellate Procedure 35(e) states that [n]o response may be filed to a petition for an en banc consideration unless the court orders a response. Fed. R. App. P. 35(e). No rule permits Plaintiffs-Appellants to file a reply to a response without the courts consent. The court construes the filing as a motion for leave to file a reply and GRANTS the motion. [12332535] (AF) [Entered: 01/05/2022 04:13 PM]
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Filing 25
Filed (ECF) Appellants Jane Doe, John Doe and Jill Doe reply to response (). Date of service: 01/03/2022. [12329881] [21-56259] (Jonna, Paul) [Entered: 01/03/2022 05:07 PM]
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Filing 24
Filed (ECF) Appellees Richard Barrera, Sabrina Bazzo, Kevin Beiser, Lamont Jackson, Michael McQuary, San Diego Unified School District and Sharon Whitehurst-Payne response to Motion for Reconsideration (ECF Filing), motion to reconsider order. Date of service: 12/28/2021. [12326460]. [21-56259] (Bresee, Mark) [Entered: 12/28/2021 04:11 PM]
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Filing 23
Filed order (MARSHA S. BERZON, SANDRA S. IKUTA and MARK J. BENNETT) Defendants-Appellees are directed to file a response to Plaintiffs-Appellants motion for reconsideration en banc filed on December 17, 2021 (Dkt. [ # 22 ]). The response shall be filed by December 28, 2021, and shall not exceed 15 pages or 4,200 words. [12322392] (WL) [Entered: 12/21/2021 04:44 PM]
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Filing 22
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe motion for reconsideration of non-dispositive Judge Order of 12/04/2021. Date of service: 12/17/2021. [12319824] [21-56259] (Jonna, Paul) [Entered: 12/17/2021 04:50 PM]
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Filing 21
Filed clerk order (Deputy Clerk: MKS): Appellants unopposed motion (Docket Entry No. [ # 20 ]) for an extension of time to file the opening brief is granted. The opening brief is due January 18, 2022. The answering brief is due February 17, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12314334] (OC) [Entered: 12/13/2021 02:33 PM]
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Filing 20
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe Motion to extend time to file Opening brief until 01/18/2022. Date of service: 12/10/2021. [12313184] [21-56259] (Jonna, Paul) [Entered: 12/10/2021 04:26 PM]
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Filing 19
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 set by the court remains in effect. [12311533] (LW) [Entered: 12/09/2021 01:23 PM]
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Filing 18
Filed Order for PUBLICATION (MARSHA S. BERZON, SANDRA S. IKUTA and MARK J. BENNETT) (Order by Judges BERZON and BENNETT; Dissent by Judge IKUTA) [SEE ORDER FOR FULL TEXT] In sum, Appellants have not carried their burden to establish a likelihood of success on the merits, or that they will suffer irreparable harm if this Court does not issue an injunction, or that the public interest weighs in their favor. Appellants motion for an injunction pending appeal is therefore DENIED. [12305735]--[Edited (typo corrected) 12/06/2021 by AKM]--[Edited (attached reformatted slip opinion & added web cites PDF) 12/09/2021 by AKM] (MM) [Entered: 12/04/2021 02:30 PM]
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Filing 17
Filed (ECF) Appellees San Diego Unified School District, Richard Barrera, Sabrina Bazzo, Kevin Beiser, Lamont Jackson, Michael McQuary and Sharon Whitehurst-Payne citation of supplemental authorities. Date of service: 12/03/2021. [12305117] [21-56259] (Bresee, Mark) [Entered: 12/03/2021 01:19 PM]
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Filing 16
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe citation of supplemental authorities. Date of service: 12/02/2021. [12304539] [21-56259] (Jonna, Paul) [Entered: 12/02/2021 05:13 PM]
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Filing 15
Filed (ECF) Appellees Richard Barrera, Sabrina Bazzo, Kevin Beiser, Lamont Jackson, Michael McQuary, San Diego Unified School District and Sharon Whitehurst-Payne Correspondence: Reply to Response to Request to Terminate Injunction. Date of service: 11/29/2021 [12300630] [21-56259] (Bresee, Mark) [Entered: 11/29/2021 08:22 PM]
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Filing 14
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe Correspondence: Response to Appellees Request to Terminate Injunction. Date of service: 11/29/2021 [12300542] [21-56259] (Jonna, Paul) [Entered: 11/29/2021 05:14 PM]
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Filing 13
Filed (ECF) Appellees San Diego Unified School District, Richard Barrera, Sabrina Bazzo, Kevin Beiser, Sharon Whitehurst-Payne, Michael McQuary and Lamont Jackson Correspondence: Letter and Declaration Requesting Termination of Injunction. Date of service: 11/29/2021 [12300260] [21-56259] (Bresee, Mark) [Entered: 11/29/2021 03:38 PM]
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Filing 12
Filed order (MARSHA S. BERZON, SANDRA S. IKUTA and MARK J. BENNETT): Order by Judges BERZON and BENNETT, Partial Dissent by Judge IKUTA. Appellants opposed emergency motion for an injunction pending appeal (Docket Entry No. [ # 5 ]) is granted in part. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The injunction shall be in effect only while a per se deferral of vaccination is available to pregnant students under San Diego Unified School Districts COVID-19 vaccination mandate. The injunction shall terminate upon removal of the per se deferral option for pregnant students. The panel is issuing this order today in an abundance of caution because the plaintiffs have represented, without contradiction from the defendants, that tomorrow, November 29, 2021, is the last date on which students sixteen and over must obtain their first vaccination dose to avoid restriction to independent study beginning in January 2022. Written dispositions explaining the panel members conclusions will follow shortly. [12299080] (AF) [Entered: 11/28/2021 05:46 PM]
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Filing 11
Filed (ECF) Appellants Jane Doe, John Doe and Jill Doe reply to response (motion for injunction pending appeal). Date of service: 11/25/2021. [12298343] [21-56259] (Jonna, Paul) [Entered: 11/25/2021 05:15 PM]
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Filing 10
MEDIATION ORDER FILED: By 12/08/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12297688] (LW) [Entered: 11/24/2021 11:27 AM]
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Filing 9
Filed (ECF) Appellees Richard Barrera, Sabrina Bazzo, Kevin Beiser, Lamont Jackson, Michael McQuary, San Diego Unified School District and Sharon Whitehurst-Payne response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 11/23/2021. [12297320] [21-56259] (Bresee, Mark) [Entered: 11/23/2021 09:15 PM]
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Filing 8
The Mediation Questionnaire for this case was filed on 11/22/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12296021]. [21-56259] (AD) [Entered: 11/22/2021 06:44 PM]
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Filing 7
Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe Mediation Questionnaire. Date of service: 11/22/2021. [12295597] [21-56259] (Jonna, Paul) [Entered: 11/22/2021 03:17 PM]
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Filing 6
Filed clerk order: (MKS) The court has received appellants emergency motion for an injunction pending appeal. The response is due November 23, 2021. The optional reply is due November 26, 2021, by 9:00 a.m. PST. [12294167] (HH) [Entered: 11/20/2021 10:03 AM]
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| Filing 5 Filed (ECF) Appellants Jill Doe, Jane Doe and John Doe EMERGENCY Motion for injunction pending appeal. Date of service: 11/19/2021. [12294147] [21-56259] (Jonna, Paul) [Entered: 11/19/2021 09:29 PM] |
| Filing 4 Added Attorney(s) Christopher A. Ferrara for party(s) Appellant John Doe Appellant Jill Doe Appellant Jane Doe. [12293533] (RL) [Entered: 11/19/2021 01:58 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 18, 2021 is 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 no later than December 16, 2021; the answering brief is due January 13, 2022 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. [12293221] (OC) [Entered: 11/19/2021 11:52 AM] |
| Filing 2 Filed (ECF) notice of appearance of Christopher A. Ferrara (Thomas More Society - Eastern Regional Office - 420 Route 46 East - Suite 7 - Fairfield, NJ 07004) for Appellants Jill Doe, Jane Doe and John Doe. Date of service: 11/19/2021. (Party was previously proceeding with counsel.) [12293091] [21-56259] (Ferrara, Christopher) [Entered: 11/19/2021 11:04 AM] |
| 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. [12292251] (RT) [Entered: 11/18/2021 03:15 PM] |
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