D. M. v. Oregon School Activities Association, et al
D. M., by and through his next friend C.M. |
OREGON SCHOOL ACTIVITIES ASSOCIATION, an Oregon Corporation, by and through the Board of Directors of Oregon School Activities Association and OREGON SCHOLASTIC ACTIVITIES ASSOCIATION, an Oregon Corporation, by and through the Board of Directors of Oregon Scholastic Activities Association |
22-36029 |
December 15, 2022 |
U.S. Court of Appeals, Ninth Circuit |
Americans w/Disabilities Act-Othr |
Opinions
We have the following opinions for this case:
Description |
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D. M. V. OREGON SCHOOL ACTIVITIES ASSOCIATION, ET AL |
Docket Report
This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 30 Filed clerk order: The answering brief [ # 28 ] submitted by Oregon School Activities Association 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 [ # 29 ] submitted by Oregon School Activities Association 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. [12650962] (KT) [Entered: 02/10/2023 02:27 PM] |
Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Oregon School Activities Association. Date of service: 02/08/2023. [12649493] [22-36029]--[COURT UPDATE: attached corrected PDF of supplemental excerpts of record. 02/10/2023 by KT] (Radmacher, Jonathan) [Entered: 02/08/2023 07:28 PM] |
Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellee Oregon School Activities Association. Date of service: 02/08/2023. [12649492] [22-36029]--[COURT UPDATE: attached corrected PDF of answering brief. 02/10/2023 by KT] (Radmacher, Jonathan) [Entered: 02/08/2023 07:27 PM] |
Filing 27 Received 3 paper copies of excerpts of record [ # 11 ], [23] in 3 volume(s) and index volume filed by D. M.. Volume 3 filed UNDER SEAL. [12646908] (NAR) [Entered: 02/06/2023 12:00 PM] |
Filing 26 Received 6 paper copies of Opening Brief [ # 10 ] filed by D. M.. [12646905] (NAR) [Entered: 02/06/2023 11:59 AM] |
Filing 25 Filed (ECF) Appellant D. M. reply to response (motion for injunction pending appeal, ). Date of service: 02/03/2023. [12646087] [22-36029] (Payne, Shenoa) [Entered: 02/03/2023 03:39 PM] |
Filing 24 Filed clerk order: The opening brief [ # 10 ] submitted by D. M. 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 ], [23] submitted by D. M. are filed. Volume 3 filed UNDER SEAL. 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. [12644289] (KT) [Entered: 02/01/2023 03:43 PM] |
Filing 23 Submitted (ECF) UNDER SEAL excerpts of record Vol 3. Submitted by Appellant D. M.. Date of service: 01/12/2023. (Court-entered filing, excerpts of record originally submitted in [14].) [12644198] (WL) [Entered: 02/01/2023 02:41 PM] |
Filing 22 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [ # 13 ]) to accept late filing is granted. Appellants unopposed motion (Docket Entry No. [14]) to file Volume 3 of the excerpts of record under seal is also granted. The Clerk will file publicly the motion to seal (Docket Entry No. [14]-1), the opening brief (Docket Entry No. [ # 10 ]), and Volumes 1 through 2 of the excerpts of record (Docket Entry No. [ # 11 ]). The Clerk will file under seal Volume 3 of the excerpts of record (Docket Entry No. [14]-2). The existing briefing schedule remains in effect. [12644193] (WL) [Entered: 02/01/2023 02:39 PM] |
Filing 21 Filed Appellant D. M. motion to file Volume 3 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 01/12/2023. (Court-entered filing of motion submitted under seal at [14]) [12644180] (WL) [Entered: 02/01/2023 02:33 PM] |
Filing 20 Filed (ECF) Appellee Oregon School Activities Association response to motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 01/27/2023. [12641038] [22-36029] (Radmacher, Jonathan) [Entered: 01/27/2023 03:10 PM] |
Filing 19 Filed (ECF) Appellant D. M. Corrected Motion for injunction pending appeal. Date of service: 01/18/2023. [12633392] [22-36029] (Payne, Shenoa) [Entered: 01/18/2023 06:01 PM] |
Filing 18 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12633099] (VS) [Entered: 01/18/2023 02:41 PM] |
Filing 17 Filed (ECF) Appellant D. M. Motion for injunction pending appeal. Date of service: 01/17/2023. [12632026] [22-36029] (Sherman, Kimberly) [Entered: 01/17/2023 04:05 PM] |
Filing 16 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant D. M.. Date of service: 01/13/2023. [12630775] [22-36029] (Sherman, Kimberly) [Entered: 01/13/2023 05:34 PM] |
Filing 15 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 10 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant D. M.. Date of service: 01/13/2023. [12630774] [22-36029] (Sherman, Kimberly) [Entered: 01/13/2023 05:33 PM] |
Filing 13 Filed (ECF) Appellant D. M. Motion to file a late brief. Date of service: 01/13/2023. [12629989] [22-36029] (Sherman, Kimberly) [Entered: 01/13/2023 09:47 AM] |
Filing 14 Filed (ECF) UNDER SEAL Appellant D. M. motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 01/13/2023. [12630261] [22-36029]--[COURT UPDATE: backdated entry to reflect original date of submission. 01/13/2023 by KT] (Sherman, Kimberly) [Entered: 01/13/2023 12:08 PM] |
Filing 12 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [14]. Original Text: Filed (ECF) UNDER SEAL Appellant D. M. motion to maintain document under seal. Date of service: 01/11/2023. [12628872] [22-36029] (Sherman, Kimberly) [Entered: 01/12/2023 12:08 AM] |
Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant D. M.. Date of service: 01/11/2023. [12628868] [22-36029]--[COURT UPDATE: Attached corrected index. 01/18/2023 by LA]--[COURT UPDATE: Attached corrected index. 01/20/2023 by LA] (Sherman, Kimberly) [Entered: 01/12/2023 12:05 AM] |
Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant D. M.. Date of service: 01/11/2023. [12628865] [22-36029]--[COURT UPDATE: Attached corrected brief. 01/18/2023 by LA] (Sherman, Kimberly) [Entered: 01/12/2023 12:01 AM] |
Filing 9 MEDIATION ORDER FILED: By 01/13/2023, 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. [12622329] (VS) [Entered: 01/04/2023 09:14 AM] |
Filing 8 The Mediation Questionnaire for this case was filed on 12/22/2022. 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.[12617040]. [22-36029] (AD) [Entered: 12/23/2022 06:44 AM] |
Filing 7 Filed (ECF) Appellant D. M. Mediation Questionnaire. Date of service: 12/22/2022. [12616990] [22-36029] (Sherman, Kimberly) [Entered: 12/22/2022 09:35 PM] |
Filing 6 Added Attorney Jennylee Wright for Appellant D. M., in case 22-36029. [12616256] (HH) [Entered: 12/22/2022 09:18 AM] |
Filing 5 Filed (ECF) notice of appearance of Jennylee Powers Wright (Education, Environmental, & Estates Law Group LLC P.O. Box 728 Eugene, OR 97440) for Appellant D. M.. Date of service: 12/22/2022. (Party was previously proceeding with counsel.) [12616249] [22-36029] (Wright, Jennylee) [Entered: 12/22/2022 09:13 AM] |
Filing 4 Added Attorney Shenoa L. Payne for Appellant D. M., in case 22-36029. [12615693] (HH) [Entered: 12/21/2022 12:16 PM] |
Filing 3 Filed (ECF) notice of appearance of Shenoa L Payne (Shenoa Payne Attorney at Law PC, 735 SW First Ave, Suite 300, Portland, Oregon 97204) for Appellant D. M.. Date of service: 12/21/2022. (Party was previously proceeding with counsel.) [12615679] [22-36029] (Payne, Shenoa) [Entered: 12/21/2022 11:57 AM] |
Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of the record reflects that the appeal filed December 14, 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 is amended as follows: the opening brief and excerpts of record are due no later than January 11, 2023; the answering brief is due February 8, 2023, 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 the opening brief timely will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12613910] (WL) [Entered: 12/19/2022 01:16 PM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant D. M. Mediation Questionnaire due on 12/22/2022. Appellant D. M. opening brief due 02/13/2023. Appellees Oregon Scholastic Activities Association and Oregon School Activities Association answering brief due 03/14/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12611771] (JMR) [Entered: 12/15/2022 02:53 PM] |
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Plaintiff / appellant: D. M., by and through his next friend C.M. | |
Represented By: | Kimberly Hope Sherman |
Represented By: | Shenoa L. Payne |
Represented By: | Jennylee Wright |
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Defendant / appellee: OREGON SCHOOL ACTIVITIES ASSOCIATION, an Oregon Corporation, by and through the Board of Directors of Oregon School Activities Association | |
Represented By: | Jonathan Mark Radmacher |
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Defendant / appellee: OREGON SCHOLASTIC ACTIVITIES ASSOCIATION, an Oregon Corporation, by and through the Board of Directors of Oregon Scholastic Activities Association | |
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