Roe, et al. v. Critchfield, et al.
Plaintiff / Appellant: REBECCA ROE, by and through her parents and next friends, RYAN ROE, RACHEL ROE and SEXUALITY AND GENDER ALLIANCE, an association
Defendant / Appellee: DEBBIE CRITCHFIELD, in her official capacity as Idaho State Superintendent of Public Instruction, LINDA CLARK, in their official capacities as members of the Idaho State Board of Education, WILLIAM G. GILBERT, JR., in their official capacities as members of the Idaho State Board of Education, DAVID HILL, in their official capacities as members of the Idaho State Board of Education, SHAWN KEOUGH, in their official capacities as members of the Idaho State Board of Education, KURT LIEBICH, in their official capacities as members of the Idaho State Board of Education, CALLY J. ROACH, in their official capacities as members of the Idaho State Board of Education, CINDY SIDDOWAY, in their official capacities as members of the Idaho State Board of Education, IDAHO STATE BOARD OF EDUCATION, INDEPENDENT SCHOOL DISTRICT OF BOISE CITY #1, DAVE WAGERS, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees, MARIA GREELEY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees, NANCY GREGORY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees, ELIZABETH LANGLEY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees, BETH OPPENHEIMER, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees, SHIVA RAJBHANDARI, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees and COBY DENNIS, in his official capacity as Superintendent of the Independent School District of Boise City #1
Case Number: 23-2807
Filed: October 16, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2023 Filing 25 RELEASED FROM MEDIATION. This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 11/07/2023 04:35 PM]
November 7, 2023 Opinion or Order Filing 24 ORDER FILED. The motion for an extension of time to file the opening brief (Docket Entry No. 17) is granted in part. The opening brief and excerpts of record are due November 22, 2023. The answering brief is due December 20, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 11/07/2023 12:16 PM]
November 2, 2023 Filing 23 REPLY to Response to Motion to Extend Time (DE 22) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 11/02/2023 11:33 AM]
November 1, 2023 Filing 22 RESPONSE to Motion to Extend Time to File Opening Brief (DE 17) filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 11/01/2023 04:41 PM]
November 1, 2023 Filing 21 ADDED Counsel for Appellee Joshua N. Turner [Entered: 11/01/2023 04:17 PM]
November 1, 2023 Filing 20 ADDED Counsel for Appellee Lincoln Davis Wilson [Entered: 11/01/2023 04:11 PM]
November 1, 2023 Filing 19 ADDED Counsel for Appellee John J. Bursch [Entered: 11/01/2023 01:15 PM]
October 31, 2023 Filing 18 MOTION to Reconsider Nondispositive Order filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [COURT ENTERED FILING of motion filed at DE 16.] [Entered: 11/01/2023 10:24 AM]
October 31, 2023 Filing 17 MOTION to Extend Time to File Opening Brief filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/31/2023 10:46 PM]
October 31, 2023 Filing 16 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 10/31/2023 06:35 PM]
October 31, 2023 Filing 15 NOTICE OF APPEARANCE by Joshua N. Turner for Appellee Independent School District of Boise City #1. [Entered: 10/31/2023 03:29 PM]
October 31, 2023 Filing 14 NOTICE OF APPEARANCE by Lincoln Davis Wilson for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 10/31/2023 03:13 PM]
October 31, 2023 Filing 13 NOTICE OF APPEARANCE by John J. Bursch for Appellee Beth Oppenheimer, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Coby Dennis, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee Shiva Rajbhandari, Appellee William G. Gilbert, Jr.. [Entered: 10/31/2023 03:08 PM]
October 30, 2023 Filing 12 District Court Order/Notice Received: Plaintiffs Motion for Preliminary Injunction Pending Appeal (Dkt. 64) is MOOT. [Entered: 10/30/2023 01:33 PM]
October 26, 2023 Opinion or Order Filing 11 ORDER FILED. William A. FLETCHER, Consuelo M. CALLAHAN, Mark J. BENNETT The motion for injunctive relief (Docket Entry No. 4) is granted. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). Enforcement of Idahos Senate Bill 1100 is stayed pending resolution of this appeal. The existing briefing schedule remains in effect. CALLAHAN, Circuit Judge, dissenting: I would deny the emergency motion for an injunction pending appeal because, in my view, appellants have not demonstrated a sufficient likelihood of success on the merits of their appeal. [Entered: 10/26/2023 12:04 PM]
October 26, 2023 Filing 10 MEDIATION ORDER: By 11/01/2023, 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. [Entered: 10/26/2023 08:41 AM]
October 24, 2023 Filing 9 REPLY to (DE 8) filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/24/2023 04:17 PM]
October 20, 2023 Filing 8 RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee Debbie Critchfield, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Beth Oppenheimer, Appellee Shiva Rajbhandari, Appellee Coby Dennis. [Entered: 10/20/2023 04:02 PM]
October 19, 2023 Filing 7 MEDIATION QUESTIONNAIRE filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [Entered: 10/19/2023 01:01 PM]
October 18, 2023 Opinion or Order Filing 6 ORDER FILED. The appeal filed October 16, 2023, 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 must 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 opening brief and excerpts of record are due no later than November 13, 2023. The answering brief is due December 11, 2023, or 28 days after service of the opening brief, whichever is earlier. 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. [Entered: 10/18/2023 01:58 PM]
October 18, 2023 Opinion or Order Filing 5 ORDER FILED. The court has received appellants emergency motion for injunctive relief pending appeal. Appellees response is due October 20, 2023, by 5:00 p.m. Pacific Time. The optional reply is due October 24, 2023, by 5:00 p.m. Pacific Time. [Entered: 10/18/2023 01:52 PM]
October 16, 2023 Filing 4 MOTION for Injunctive Relief filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/16/2023 11:43 PM]
October 16, 2023 Filing 3 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Rebecca Roe, Appellant Ryan Roe, Appellant Rachel Roe, Appellant Sexuality and Gender Alliance. [Entered: 10/16/2023 11:41 PM]
October 16, 2023 Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Briefing will be set by future court order. See 9th Cir. R. 3-3 (regarding preliminary injunction appeals). [Entered: 10/16/2023 02:29 PM]
October 16, 2023 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00315-DCN has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-2807 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 10/16/2023 02:28 PM]

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Search for this case: Roe, et al. v. Critchfield, et al.
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Plaintiff / appellant: REBECCA ROE, by and through her parents and next friends
Represented By: Robyn Kali Bacon
Represented By: Tara L. Borelli
Represented By: Ms. Katherine M. Forster
Represented By: Kell L. Olson
Represented By: Peter C. Renn
Represented By: Jacob M. Rosen
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Plaintiff / appellant: RYAN ROE
Represented By: Robyn Kali Bacon
Represented By: Tara L. Borelli
Represented By: Ms. Katherine M. Forster
Represented By: Kell L. Olson
Represented By: Peter C. Renn
Represented By: Jacob M. Rosen
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Plaintiff / appellant: RACHEL ROE
Represented By: Robyn Kali Bacon
Represented By: Tara L. Borelli
Represented By: Ms. Katherine M. Forster
Represented By: Kell L. Olson
Represented By: Peter C. Renn
Represented By: Jacob M. Rosen
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Plaintiff / appellant: SEXUALITY AND GENDER ALLIANCE, an association
Represented By: Robyn Kali Bacon
Represented By: Tara L. Borelli
Represented By: Ms. Katherine M. Forster
Represented By: Kell L. Olson
Represented By: Peter C. Renn
Represented By: Jacob M. Rosen
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Defendant / appellee: DEBBIE CRITCHFIELD, in her official capacity as Idaho State Superintendent of Public Instruction
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: LINDA CLARK, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: WILLIAM G. GILBERT, JR., in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: DAVID HILL, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: SHAWN KEOUGH, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: KURT LIEBICH, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: CALLY J. ROACH, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: CINDY SIDDOWAY, in their official capacities as members of the Idaho State Board of Education
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: IDAHO STATE BOARD OF EDUCATION
Represented By: Mr. James E. M. Craig
Represented By: Mr. John J. Bursch
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: INDEPENDENT SCHOOL DISTRICT OF BOISE CITY #1
Represented By: Mr. Lincoln Davis Wilson
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Joshua N. Turner
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Defendant / appellee: DAVE WAGERS, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: MARIA GREELEY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
Represented By: Mr. John J. Bursch
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Defendant / appellee: NANCY GREGORY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: ELIZABETH LANGLEY, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. John J. Bursch
Represented By: Mr. Lincoln Davis Wilson
Represented By: Mr. James E. M. Craig
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Defendant / appellee: BETH OPPENHEIMER, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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Defendant / appellee: SHIVA RAJBHANDARI, in their official capacities as members of the Independent School District of Boise City #1 Board of Trustees
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
Represented By: Mr. John J. Bursch
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Defendant / appellee: COBY DENNIS, in his official capacity as Superintendent of the Independent School District of Boise City #1
Represented By: Mr. John J. Bursch
Represented By: Mr. James E. M. Craig
Represented By: Mr. Lincoln Davis Wilson
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