Rachel Damiano, et al v. Grants Pass School District No. 7, et al
| RACHEL G. DAMIANO and KATIE S. MEDART |
| GRANTS PASS SCHOOL DISTRICT NO. 7, an Oregon public body, KIRK T. KOLB, Superintendent, Grants Pass School District 7, in his official and personal capacity, THOMAS M. BLANCHARD, Principal, North Middle School, Grants Pass School District 7, in his official and personal capacity, SCOTT NELSON, CLIFF KUHLMAN, GARY RICHARDSON, DEBBIE BROWNELL, CASSIE WILKINS, BRIAN DELAGRANGE and CASEY DURBIN, in their official and personal capacities |
| SOUTHEASTERN LEGAL FOUNDATION, INC., MOUNTAIN STATES LEGAL FOUNDATION, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, WOMEN'S LIBERATION FRONT, MICHAEL K. LAIDLAW, QUENTIN L. VAN METER, M.D., ANDRE VAN MOL, M.D., JEFFERY E. HANSEN, PH.D., MICHELLE A. CRETELLA, M.D., and ERIN EVERITT, PHD, PRESIDENT OF ADVOCATES PROTECTING CHILDREN, DEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC., FIRST LIBERTY INSTITUTE, THOMAS MORE SOCIETY and ETHICS AND PUBLIC POLICY CENTER |
| 23-35288 |
| April 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 44 Filed clerk order (Deputy Clerk: MCD): Appellees unopposed motion (Docket Entry No. [ # 42 ]) for an extension of time to file the answering brief is granted. The answering brief is due December 4, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12815381] (AF) [Entered: 10/25/2023 03:52 PM] |
| Filing 43 Deleted Incorrect Entry. Entered in error. [12810673] (LKK) [Entered: 10/17/2023 09:08 AM] |
| Filing 42 Filed (ECF) Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins Unopposed Motion to extend time to file Answering brief until 12/04/2023. Date of service: 10/16/2023. [12810009] [23-35288] (Plass, Beth) [Entered: 10/16/2023 10:33 AM] |
| Filing 41 Streamlined request [39] by Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins to extend time to file the brief is approved. Amended briefing schedule: Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins answering brief due 11/06/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12799455] (DR) [Entered: 09/26/2023 04:05 PM] |
| Filing 40 Received 6 paper copies of Amicus Brief [ # 22 ] filed by Michael K. Laidlaw, et al. [12799413] (SD) [Entered: 09/26/2023 03:42 PM] |
| Filing 39 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins. New requested due date is 11/03/2023. [12799144] [23-35288] (Plass, Beth) [Entered: 09/26/2023 12:02 PM] |
| Filing 38 Received 6 paper copies of Amicus Brief [ # 26 ] filed by Ethics and Public Policy Center. [12797224] (SD) [Entered: 09/22/2023 11:48 AM] |
| Filing 37 Received 6 paper copies of Amicus Brief [ # 24 ] filed by First Liberty Institute. [12796527] (SD) [Entered: 09/21/2023 11:48 AM] |
| Filing 36 Received 6 paper copies of Amicus Brief [ # 23 ] filed by Defense of Freedom Institute For Policy Studies, Inc.. [12795958] (SD) [Entered: 09/20/2023 02:37 PM] |
| Filing 35 Received 6 paper copies of Amicus Brief [ # 21 ] filed by Women's Liberation Front. [12795258] (SD) [Entered: 09/19/2023 03:59 PM] |
| Filing 34 Received 6 paper copies of Amicus Brief [ # 25 ] filed by Thomas More Society. [12794268] (SD) [Entered: 09/18/2023 03:20 PM] |
| Filing 33 Received 6 paper copies of Amicus Brief [ # 20 ] filed by Foundation for Individual Rights and Expression. [12794261] (SD) [Entered: 09/18/2023 03:17 PM] |
| Filing 32 Received 6 paper copies of Amicus Brief [ # 17 ] filed by Mountain States Legal Foundation and Southeastern Legal Foundation, Inc.. [12793167] (SD) [Entered: 09/15/2023 12:02 PM] |
| Filing 31 Received 6 paper copies of Opening Brief [ # 14 ] filed by Rachel G. Damiano and Katie S. Medart. [12792637] (SD) [Entered: 09/14/2023 03:26 PM] |
| Filing 30 Received 3 paper copies of excerpts of record [ # 15 ] in 3 volume(s) and index volume filed by Appellants Rachel G. Damiano and Katie S. Medart. [12792630] (SD) [Entered: 09/14/2023 03:25 PM] |
| Filing 29 Terminated Donald A. Daugherty Jr. for Defense of Freedom Institute For Policy Studies, Inc. in 23-35288. [12792424] (KWG) [Entered: 09/14/2023 01:22 PM] |
| Filing 28 Filed clerk order: The amicus briefs [ # 20 ], [ # 21 ], [ # 22 ], [ # 23 ], [ # 24 ], [ # 25 ], [ # 26 ] submitted by Amici Curiae Defense of Freedom Institute For Policy Studies, Inc., Ethics and Public Policy Center, First Liberty Institute, Foundation for Individual Rights and Expression, Michael K. Laidlaw, et al., Thomas More Society and Women's Liberation Front are filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus briefs must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12792421] (KWG) [Entered: 09/14/2023 01:18 PM] |
| Filing 27 Entered appearance of Amici Curiae Foundation for Individual Rights and Expression, Women's Liberation Front, Michael K. Laidlaw, et al., Defense of Freedom Institute For Policy Studies, Inc., First Liberty Institute, Thomas More Society and Ethics and Public Policy Center. [12792414] (KWG) [Entered: 09/14/2023 01:13 PM] |
| Filing 26 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Ethics and Public Policy Center. Date of service: 09/13/2023. [12792041] [23-35288] (Kniffin, Eric) [Entered: 09/13/2023 11:46 PM] |
| Filing 25 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Thomas More Society. Date of service: 09/13/2023. [12792040] [23-35288] (Brooks, Brennan) [Entered: 09/13/2023 11:46 PM] |
| Filing 24 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by First Liberty Institute. Date of service: 09/13/2023. [12791966] [23-35288] (Randall, Holly) [Entered: 09/13/2023 05:24 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae Defense of Freedom Institute For Policy Studies, Inc. In Support of Plaintiffs-Appellants. Date of service: 09/13/2023. [12791875] [23-35288] (Shaneyfelt, David) [Entered: 09/13/2023 04:24 PM] |
| Filing 22 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Michael K. Laidlaw, M.D., Quentin L. Van Meter, M.D., Andre Van Mol, M.D., Jeffery E. Hansen, Ph.D., Michelle A. Cretella, M.D., and Erin Everitt, PhD, President of Advocates Protecting Children. Date of service: 09/13/2023. [12791678] [23-35288] (Barceleau, Kathleen) [Entered: 09/13/2023 02:06 PM] |
| Filing 21 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Women's Liberation Front. Date of service: 09/13/2023. [12791670] [23-35288] (Bone, Lauren) [Entered: 09/13/2023 02:01 PM] |
| Filing 20 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: 09/13/2023. [12791593] [23-35288] (London, Ronald) [Entered: 09/13/2023 01:11 PM] |
| Filing 19 Filed clerk order: The amicus brief [ # 17 ] submitted by Mountain States Legal Foundation and Southeastern Legal Foundation, 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. [12791445] (KWG) [Entered: 09/13/2023 10:54 AM] |
| Filing 18 Entered appearance of Amici Curiae Southeastern Legal Foundation, Inc. and Mountain States Legal Foundation. [12791440] (KWG) [Entered: 09/13/2023 10:53 AM] |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Southeastern Legal Foundation and Mountain States Legal Foundation. Date of service: 09/13/2023. [12791197] [23-35288] (Hermann, Kimberly) [Entered: 09/13/2023 07:04 AM] |
| Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Rachel G. Damiano and Katie S. Medart 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 [ # 15 ] submitted by Rachel G. Damiano and Katie S. Medart 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. [12787957] (KWG) [Entered: 09/07/2023 09:29 AM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellants Rachel G. Damiano and Katie S. Medart. Date of service: 09/06/2023. [12787474] [23-35288] (Hoffmann, Mathew) [Entered: 09/06/2023 01:55 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellants Rachel G. Damiano and Katie S. Medart. Date of service: 09/06/2023. [12787410] [23-35288] (Hoffmann, Mathew) [Entered: 09/06/2023 01:14 PM] |
| Filing 13 Streamlined request [12] by Appellants Rachel G. Damiano and Katie S. Medart to extend time to file the brief is approved. Amended briefing schedule: Appellants Rachel G. Damiano and Katie S. Medart opening brief due 09/06/2023. Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins answering brief due 10/06/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12741856] (DR) [Entered: 06/23/2023 09:56 AM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Rachel G. Damiano and Katie S. Medart. New requested due date is 09/06/2023. [12741766] [23-35288] (Hoffmann, Mathew) [Entered: 06/23/2023 08:49 AM] |
| Filing 11 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. [12739430] (CL) [Entered: 06/20/2023 03:52 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for appellants, 06/05/2023, 10:00 a.m., Pacific Time. See order for details. [12722605] (VS) [Entered: 05/25/2023 11:19 AM] |
| Filing 9 Added Attorney(s) John J. Bursch for party(s) Appellant Rachel G. Damiano Appellant Katie S. Medart, in case 23-35288. [12718374] (BJK) [Entered: 05/18/2023 11:55 AM] |
| Filing 8 Filed (ECF) notice of appearance of John J. Bursch (Alliance Defending Freedom, 440 First Street NW, Suite 600, Washington, DC 20001) for Appellants Rachel G. Damiano and Katie S. Medart. Date of service: 05/18/2023. (Party was previously proceeding with counsel.) [12718111] [23-35288] (Bursch, John) [Entered: 05/18/2023 08:24 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/25/2023, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12715239] (CL) [Entered: 05/12/2023 04:27 PM] |
| Filing 6 Added Attorney(s) Matthew McReynolds for party(s) Appellant Rachel G. Damiano Appellant Katie S. Medart, in case 23-35288. [12713438] (BJK) [Entered: 05/10/2023 04:23 PM] |
| Filing 5 Filed (ECF) notice of appearance of Matthew Brown McReynolds (Pacific Justice Institute PO Box 276600 Sacramento, CA 95827) for Appellants Rachel G. Damiano and Katie S. Medart. Date of service: 05/10/2023. (Party was previously proceeding with counsel.) [12712836] [23-35288] (McReynolds, Matthew) [Entered: 05/10/2023 10:20 AM] |
| Filing 4 MEDIATION ORDER FILED: By 05/12/2023, 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. [12710177] (CL) [Entered: 05/05/2023 04:22 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 05/04/2023. 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.[12709448]. [23-35288] (AD) [Entered: 05/04/2023 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Rachel G. Damiano and Katie S. Medart Mediation Questionnaire. Date of service: 05/04/2023. [12709092] [23-35288] (Hoffmann, Mathew) [Entered: 05/04/2023 02:14 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Rachel G. Damiano and Katie S. Medart Mediation Questionnaire due on 05/04/2023. Transcript ordered by 05/30/2023. Transcript due 06/28/2023. Appellants Rachel G. Damiano and Katie S. Medart opening brief due 08/07/2023. Appellees Thomas M. Blanchard, Debbie Brownell, Brian Delagrange, Casey Durbin, Grants Pass School District No. 7, Kirk T. Kolb, Cliff Kuhlman, Scott Nelson, Gary Richardson and Cassie Wilkins answering brief due 09/07/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12704558] (RT) [Entered: 04/27/2023 04:03 PM] |
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