Fellowship of Christian Athletes, et al v. San Jose Unified School District Board of Educatio, et al
| ELIZABETH SINCLAIR and CHARLOTTE KLARKE |
| FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation and FELLOWSHIP OF CHRISTIAN ATHLETES OF PIONEER HIGH SCHOOL, an unincorporated association |
| SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION, NANCY ALBARRAN, in her official and personal capacity, HERB ESPIRITU, in his official and personal capacity, PETER GLASSER, in his official and personal capacity and STEPHEN MCMAHON, in his official and personal capacity |
| CAMPUS CRUSADE FOR CHRIST, INC, INTERVARSITY CHRISTIAN FELLOWSHIP/USA, YOUNG LIFE, RATIO CHRISTI, AND THE NAVIGATORS, INTERFAITH ALLIANCE FOUNDATION, ROBERTSON CENTER FOR CONSTITUTIONAL LAW, INTERVARSITY CHRISTIAN FELLOWSHIP/USA, YOUNG LIFE, RATIO CHRISTI, AND THE NAVIGATORS, AMERICANS FOR PROSPERITY FOUNDATION, JEWISH COALITION FOR RELIGIOUS LIBERTY, D. B., HANNAH THOMPSON, AND JACOB ESTELL, STATE OF MONTANA, AND 18 OTHER STATES, MICHAEL W. MCCONNELL, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, CARDINAL NEWMAN SOCIETY, AND CHRISTIAN MEDICAL & DENTAL ASSOCIATIONS, NATIONAL WOMEN'S LAW CENTER, AND TWENTY-ONE ADDITIONAL ORGANIZATIONS and CALIFORNIA SCHOOL BOARDS ASSOCIATION, AND EDUCATION LEGAL ALLIANCE |
| 22-15827 |
| June 6, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
Docket Report
RSS Track this Docket
This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 80 Received 3 paper copies of further excerpts of record [ # 76 ] in 2 volume(s) and index volume filed by appellants. [12509771] (NAR) [Entered: 08/04/2022 02:31 PM] |
| Filing 79 Deleted Incorrect Entry [12509761] (SD) [Entered: 08/04/2022 02:24 PM] |
| Filing 78 Received 6 paper copies of Reply Brief [ # 75 ] filed by Appellants.(sent to panel) [12509756] (SD) [Entered: 08/04/2022 02:19 PM] |
| Filing 77 Filed clerk order: The reply brief [ # 75 ] 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: gray. The further excerpts of record [ # 76 ] 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. [12507138] (KT) [Entered: 08/02/2022 08:43 AM] |
| Filing 76 Submitted (ECF) further excerpts of record. Submitted by Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair. Date of service: 08/01/2022. [12506970] [22-15827] (Blomberg, Daniel) [Entered: 08/01/2022 07:20 PM] |
| Filing 75 Submitted (ECF) Reply Brief for review. Submitted by Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair. Date of service: 08/01/2022. [12506968] [22-15827] (Blomberg, Daniel) [Entered: 08/01/2022 07:14 PM] |
| Filing 74 Received 6 paper copies of Amicus Brief [ # 62 ] filed by National Women's Law Center, et al. (sent to panel) [12504551] (SD) [Entered: 07/28/2022 04:02 PM] |
| Filing 73 Received 6 paper copies of Amicus Brief [ # 65 ] filed by CSBA and Education Legal Alliance. (sent to panel) [12503404] (SD) [Entered: 07/27/2022 12:30 PM] |
| Filing 72 Entered appearance of Amicus Curiae - Pending Interfaith Alliance Foundation. [12503302] (KT) [Entered: 07/27/2022 11:22 AM] |
| Filing 71 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 66 ]. Original Text: Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by InterFaith Alliance Foundation. Date of service: 07/26/2022. [12502973] [22-15827] (Santacana, Eduardo) [Entered: 07/26/2022 05:28 PM] |
| Filing 70 Received 3 paper copies of supplemental excerpts of record [ # 60 ] in 5 volume(s) and index volume filed by appellees. [12502807] (NAR) [Entered: 07/26/2022 03:19 PM] |
| Filing 69 Received 6 paper copies of Answering Brief [ # 59 ] filed by appellees. [12502797] (NAR) [Entered: 07/26/2022 03:17 PM] |
| Filing 68 Filed clerk order: The amicus brief [ # 65 ] submitted by CSBA and Education Legal Alliance 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12502376] (KT) [Entered: 07/26/2022 11:19 AM] |
| Filing 67 Entered appearance of Amicus Curiae California School Boards Association, and Education Legal Alliance. [12502374] (KT) [Entered: 07/26/2022 11:18 AM] |
| Filing 66 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Interfaith Alliance Foundation. Date of service: 07/25/2022. [12502005] [22-15827]--[COURT UPDATE: attached corrected PDFs of motion and amicus brief. 07/27/2022 by KT] (Santacana, Eduardo) [Entered: 07/25/2022 07:51 PM] |
| Filing 65 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California School Boards Association and its Education Legal Alliance. Date of service: 07/25/2022. [12501953] [22-15827] (Bresee, Mark) [Entered: 07/25/2022 05:27 PM] |
| Filing 64 Filed clerk order: The amicus brief [ # 62 ] submitted by National Women's Law Center, et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12501895] (KT) [Entered: 07/25/2022 04:51 PM] |
| Filing 63 Entered appearance of Amici Curiae National Women's Law Center, et al. [12501890] (KT) [Entered: 07/25/2022 04:50 PM] |
| Filing 62 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Women's Law Center, Anti-Defamation League (ADL), Birnbaum Women's Leadership Network, NYU Law, Equality California, Family Equality, Girls for Gender Equity (GGE), League of Women Voters of the United States, Legal Aid at Work, et al.. Date of service: 07/25/2022. [12501848] [22-15827] (Dankworth, Courtney) [Entered: 07/25/2022 04:36 PM] |
| Filing 61 Filed clerk order: The answering brief [ # 59 ] submitted by appellees 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 supplemental excerpts of record [ # 60 ] submitted by appellees 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. [12497009] (KT) [Entered: 07/19/2022 09:55 AM] |
| Filing 60 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Nancy Albarran, Herb Espiritu, Peter Glasser and San Jose Unified School District Board of Education. Date of service: 07/18/2022. [12496730] [22-15827] (Leyton, Stacey) [Entered: 07/18/2022 10:56 PM] |
| Filing 59 Submitted (ECF) Answering Brief for review. Submitted by Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, Stephen McMahon and San Jose Unified School District Board of Education. Date of service: 07/18/2022. [12496722] [22-15827] (Leyton, Stacey) [Entered: 07/18/2022 10:34 PM] |
| Filing 58 Received 6 paper copies of Amicus Brief [ # 37 ] filed by State of Montana, et al. (sent to panel) [12492096] (SD) [Entered: 07/12/2022 02:39 PM] |
| Filing 57 Filed (ECF) Acknowledgment of hearing notice by Attorney Stacey Leyton for Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, Stephen McMahon and San Jose Unified School District Board of Education. Hearing in Seattle on 08/09/2022 at 09:00 A.M. (Courtroom: 7th Floor, Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/11/2022. [12491210] [22-15827] (Leyton, Stacey) [Entered: 07/11/2022 04:22 PM] |
| Filing 56 Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel Howard Blomberg for Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair. Hearing in Seattle on 08/09/2022 at 09:00 A.M. (Courtroom: 7th Floor, Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/11/2022. [12490963] [22-15827] (Blomberg, Daniel) [Entered: 07/11/2022 02:29 PM] |
| Filing 55 Received 6 paper copies of Amicus Brief [ # 36 ] filed by D. B. et al. (sent to panel) [12489690] (SD) [Entered: 07/08/2022 02:44 PM] |
| Filing 54 Received 6 paper copies of Amicus Brief [ # 39 ] filed by Foundation for Individual Rights and Expression. (sent to panel) [12489674] (SD) [Entered: 07/08/2022 02:40 PM] |
| Filing 53 Received 6 paper copies of Amicus Brief [ # 46 ] filed by Cardinal Newman Society and Christian Medical & Dental Associations. [12489647] (NAR) [Entered: 07/08/2022 02:27 PM] |
| Filing 52 Received 6 paper copies of Amicus Brief [ # 33 ] filed by Jewish Coalition for Religious Liberty. (sent to panel) [12488741] (SD) [Entered: 07/07/2022 02:54 PM] |
| Filing 51 Received 6 paper copies of Amicus Brief [ # 38 ] filed by Michael W. McConnell. (sent to panel) [12488710] (SD) [Entered: 07/07/2022 02:42 PM] |
| Filing 50 Received 6 paper copies of Amicus Brief [ # 28 ] filed by Americans for Prosperity Foundation. (sent to panel) [12487613] (SD) [Entered: 07/06/2022 02:47 PM] |
| Filing 49 Received 12 paper copies of Amicus Brief [ # 10 ] filed by Campus Crusade for Christ, Inc. (sent to panel) [12487603] (SD) [Entered: 07/06/2022 02:44 PM] |
| Filing 48 Filed clerk order: The amicus brief [ # 46 ] submitted by Cardinal Newman Society and Christian Medical & Dental Associations 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12487459] (KT) [Entered: 07/06/2022 01:32 PM] |
| Filing 47 Entered appearance of Amici Curiae Cardinal Newman Society and Christian Medical & Dental Associations. [12487454] (KT) [Entered: 07/06/2022 01:31 PM] |
| Filing 46 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Cardinal Newman Society and Christian Medical & Dental Associations. Date of service: 07/05/2022. [12486741] [22-15827] (Evanson, Blaine) [Entered: 07/05/2022 04:35 PM] |
| Filing 45 Filed clerk order: The amicus brief [ # 39 ] submitted by Foundation for Individual Rights and Expression 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486702] (KT) [Entered: 07/05/2022 04:18 PM] |
| Filing 44 Filed clerk order: The amicus brief [ # 38 ] submitted by Michael W. McConnell 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486699] (KT) [Entered: 07/05/2022 04:17 PM] |
| Filing 43 Filed clerk order: The amicus brief [ # 37 ] submitted by State of Montana, et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486698] (KT) [Entered: 07/05/2022 04:16 PM] |
| Filing 42 Filed clerk order: The amicus brief [ # 36 ] submitted by D. B., et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486691] (KT) [Entered: 07/05/2022 04:15 PM] |
| Filing 41 Entered appearance of Amici Curiae D. B., Hannah Thompson, Jacob Estell, State of Montana, 18 other states, Michael W. McConnell and Foundation for Individual Rights and Expression. [12486687] (KT) [Entered: 07/05/2022 04:14 PM] |
| Filing 40 Filed (ECF) Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair reply to response (). Date of service: 07/05/2022. [12486593] [22-15827] (Blomberg, Daniel) [Entered: 07/05/2022 03:25 PM] |
| Filing 39 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Foundation for Individual Rights and Expression. Date of service: 07/05/2022. [12486554] [22-15827] (London, Ronald) [Entered: 07/05/2022 03:06 PM] |
| Filing 38 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professor Michael W. McConnell. Date of service: 07/05/2022. [12486534] [22-15827] (Dick, Anthony) [Entered: 07/05/2022 03:00 PM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE STATE OF MONTANA AND 18 OTHER STATES SUPPORTING PLAINTIFFS-APPELLANTS AND REVERSAL. Date of service: 07/05/2022. [12486493] [22-15827] (Smithgall, Kathleen) [Entered: 07/05/2022 02:39 PM] |
| Filing 36 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by D.B., Hannah Thompson, and Jacob Estell. Date of service: 07/05/2022. [12486398] [22-15827] (Russell, Keisha) [Entered: 07/05/2022 01:45 PM] |
| Filing 35 Filed clerk order: The amicus brief [ # 33 ] submitted by Jewish Coalition for Religious Liberty 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486345] (KT) [Entered: 07/05/2022 01:09 PM] |
| Filing 34 Entered appearance of Amicus Curiae Jewish Coalition for Religious Liberty. [12486343] (KT) [Entered: 07/05/2022 01:08 PM] |
| Filing 33 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Jewish Coalition for Religious Liberty. Date of service: 07/05/2022. [12486289] [22-15827] (Slugh, Howard) [Entered: 07/05/2022 12:22 PM] |
| Filing 32 Received 3 paper copies of excerpts of record [ # 22 ] in 11 volume(s) and index volume filed by appellants. [12486225] (NAR) [Entered: 07/05/2022 11:45 AM] |
| Filing 31 Received 6 paper copies of Opening Brief [ # 23 ] filed by appellants. [12486216] (NAR) [Entered: 07/05/2022 11:42 AM] |
| Filing 30 Filed clerk order: The amicus brief [ # 28 ] submitted by Americans for Prosperity Foundation 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12486031] (KT) [Entered: 07/05/2022 10:11 AM] |
| Filing 29 Entered appearance of Amicus Curiae Americans for Prosperity Foundation. [12486027] (KT) [Entered: 07/05/2022 10:10 AM] |
| Filing 28 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Americans for Prosperity Foundation. Date of service: 07/05/2022. [12485995] [22-15827] (Crawford, Cynthia) [Entered: 07/05/2022 09:57 AM] |
| Filing 27 Received 6 paper copies of Amicus Brief [ # 15 ] filed by Robertson Center for Constitutional Law. (sent to panel) [12485412] (SD) [Entered: 07/01/2022 02:50 PM] |
| Filing 26 Filed clerk order: The opening brief [ # 23 ] 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 [ # 22 ] 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. [12482768] (KT) [Entered: 06/29/2022 09:35 AM] |
| Filing 25 Filed clerk order: The amicus brief [ # 15 ] submitted by Robertson Center for Constitutional Law 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12482764] (KT) [Entered: 06/29/2022 09:34 AM] |
| Filing 24 Filed clerk order: The amicus brief [ # 10 ] submitted by Campus Crusade for Christ, Inc 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12482757] (KT) [Entered: 06/29/2022 09:34 AM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair. Date of service: 06/27/2022. [12481341] [22-15827] (Blomberg, Daniel) [Entered: 06/27/2022 07:38 PM] |
| Filing 22 Submitted (ECF) excerpts of record. Submitted by Appellants Fellowship of Christian Athletes, Fellowship of Christian Athletes of Pioneer High School, Charlotte Klarke and Elizabeth Sinclair. Date of service: 06/27/2022. [12481326] [22-15827]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 06/29/2022 by KT] (Blomberg, Daniel) [Entered: 06/27/2022 06:37 PM] |
| Filing 21 Filed (ECF) Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, Stephen McMahon and San Jose Unified School District Board of Education response to motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 06/27/2022. [12481315] [22-15827] (Leyton, Stacey) [Entered: 06/27/2022 06:02 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: OC): The motions for leave to file amicus briefs filed by Campus Crusade for Christ, Inc., InterVarsity Christian Fellowship/USA, Young Life, Ratio Christi, and The Navigators (Dkt. #[ # 10 ]) and the Robertson Center for Constitutional Law (Dkt. #[ # 15 ]) are GRANTED. The amicus briefs submitted June 10 and June 14, 2022, shall be filed. [12478566] (OC) [Entered: 06/23/2022 02:13 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: SSR): The motion of the Robertson Center for Constitutional Law for leave to file an amicus brief in support of the motion for injunction pending appeal (Docket Entry No. [ # 15 ]) is referred to the panel assigned to decide the merits of this appeal. [12471555] (WL) [Entered: 06/15/2022 10:13 AM] |
| Filing 18 Entered appearance of Amicus Curiae - Pending Robertson Center for Constitutional Law. [12471549] (KT) [Entered: 06/15/2022 10:10 AM] |
| Filing 17 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. The dial-in telephone assessment conference previously scheduled for 06/22/2022, is canceled. [12471291] (CL) [Entered: 06/14/2022 06:31 PM] |
| Filing 16 Notice of Oral Argument on Tuesday, August 9, 2022 - 09:00 A.M. - Scheduled Location: SE 7th Flr Courtroom 2 - Seattle WA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some Judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, August 9, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [12471178] (AML) [Entered: 06/14/2022 04:09 PM] |
| Filing 15 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Robertson Center for Constitutional Law. Date of service: 06/14/2022. [12470862] [22-15827] (Schietzelt, Michael) [Entered: 06/14/2022 01:31 PM] |
| Filing 14 Filed order (JOHN B. OWENS, KENNETH K. LEE and PATRICK J. BUMATAY) We sua sponte expedite briefing in this preliminary injunction appeal. The opening brief is due June 27, 2022. The answering brief is due July 18, 2022. The optional reply brief is due within 14 days after service of the answering brief. No streamlined extension of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(3). No written motion for an extension of time to file a brief will be granted absent extraordinary and compelling circumstances. The Clerk will place this appeal on the calendar for August 2022. See 9th Cir. Gen. Ord. 3.3(g). The motion for an extension of time to file a response to the motion for injunction pending appeal (Docket Entry No. [ # 4 ]) is granted. The opposition is due June 27, 2022. The motion for injunction pending appeal (Docket Entry No. [ # 3 ]) and the motion for leave to file an amicus brief in support of the motion for injunction pending appeal (Docket Entry No. [ # 10 ]) are referred to the panel assigned to decide the merits of this appeal. [12470044] (WL) [Entered: 06/13/2022 03:13 PM] |
| Filing 13 Filed (ECF) Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, Stephen McMahon and San Jose Unified School District Board of Education reply to response (motion to extend time to file response). Date of service: 06/13/2022. [12469930] [22-15827] (Leyton, Stacey) [Entered: 06/13/2022 02:09 PM] |
| Filing 12 Entered appearance of Amici Curiae - Pending Campus Crusade for Christ, Inc., et al. [12469548] (KT) [Entered: 06/13/2022 11:00 AM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/22/2022, 11:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12469270] (CL) [Entered: 06/13/2022 09:17 AM] |
| Filing 10 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Campus Crusade for Christ, Inc.; InterVarsity Christian Fellowship/USA; Young Life; Ratio Christi; The Navigators. Date of service: 06/10/2022. [12468511] [22-15827] (Mills, Christopher) [Entered: 06/10/2022 12:45 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 06/09/2022. 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.[12467968]. [22-15827] (AD) [Entered: 06/09/2022 06:44 PM] |
| Filing 8 Filed (ECF) Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, Stephen McMahon and San Jose Unified School District Board of Education Mediation Questionnaire. Date of service: 06/09/2022. [12467710] [22-15827] (Levine, Amy) [Entered: 06/09/2022 02:30 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 06/08/2022. 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.[12467031]. [22-15827] (AD) [Entered: 06/09/2022 06:44 AM] |
| Filing 6 Filed (ECF) Appellants Fellowship of Christian Athletes and Fellowship of Christian Athletes of Pioneer High School Mediation Questionnaire. Date of service: 06/08/2022. [12467014] [22-15827] (Blomberg, Daniel) [Entered: 06/08/2022 07:59 PM] |
| Filing 5 Filed (ECF) Appellants Fellowship of Christian Athletes and Fellowship of Christian Athletes of Pioneer High School response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing) motion to extend time to file response). Date of service: 06/08/2022. [12467013] [22-15827] (Blomberg, Daniel) [Entered: 06/08/2022 07:56 PM] |
| Filing 4 Filed (ECF) Appellees Nancy Albarran, Herb Espiritu, Peter Glasser, San Jose Unified School District Board of Education and Stephen McMahon Motion to extend time to file a response until 06/27/2022. Date of service: 06/08/2022. [12466958] [22-15827] (Leyton, Stacey) [Entered: 06/08/2022 04:50 PM] |
| Filing 3 Filed (ECF) Appellants Fellowship of Christian Athletes and Fellowship of Christian Athletes of Pioneer High School Motion for injunction pending appeal. Date of service: 06/07/2022. [12465994] [22-15827] (Blomberg, Daniel) [Entered: 06/07/2022 06:07 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: SH): The appeal filed June 6, 2022 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 July 5, 2022; the answering brief is due August 3, 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. [12464792] (AF) [Entered: 06/06/2022 05:04 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. [12464096] (RT) [Entered: 06/06/2022 11:19 AM] |
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