Northwest Association of Independent Schools, et al. v. Labrador, et al.
| NORTHWEST ASSOCIATION OF INDEPENDENT SCHOOLS, SUN VALLEY COMMUNITY SCHOOL, INC., COMMUNITY LIBRARY ASSOCIATION, INC., FOOTHILLS SCHOOL OF ARTS AND SCIENCES, INC., COLLISTER UNITED METHODIST CHURCH, INC., MARY HOLLIS ZIMMER, MATTHEW PODOLSKY, JEREMY WALLACE, on behalf of his minor child, A.W. and CHRISTINA LEIDECKER, on behalf of herself and her minor child, S.L. |
| RAUL LABRADOR, in his capacity as the Attorney General for the State of Idaho, JAN M BENNETTS, in her capacity as Prosecuting Attorney for Ada County, Idaho and MATTHEW E FREDBACK, ATTORNEY, in his capacity as Prosecuting Attorney for Blaine County, Idaho |
| 25-2491 |
| April 17, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
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Docket Report
This docket was last retrieved on October 6, 2025. A more recent docket listing may be available from PACER.
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| Filing 37 ACKNOWLEDGMENT of hearing notice filed by Kevin M. Trowel for Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. Hearing in Portland - 2nd Floor Courtroom in Portland, on 11/3/2025 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/06/2025 08:25 AM] |
| Filing 36 ACKNOWLEDGMENT of hearing notice filed by Alan M. Hurst for Appellee Raul Labrador. Hearing in Portland - 2nd Floor Courtroom in Portland, on 11/3/2025 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/06/2025 07:36 AM] |
| Filing 35 NOTICE OF ORAL ARGUMENT on Monday, November 3, 2025 - 09:30 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR 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 are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. 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 a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-2491] [Entered: 08/24/2025 12:02 PM] |
| Filing 34 Paper copies (6) of Reply Brief submitted at DE 32 by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc. received. [Entered: 07/16/2025 11:00 AM] |
Filing 33
ORDER FILED. Reply Brief submitted at DE 32 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 07/14/2025 03:00 PM]
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| Filing 32 REPLY BRIEF submitted for filing by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. [Entered: 07/14/2025 10:14 AM] |
| Filing 31 RESPONSE to notice of case being considered for oral argument filed by Wendy J. Olson. [Entered: 07/14/2025 07:48 AM] |
| Filing 30 RESPONSE to notice of case being considered for oral argument filed by Alan M. Hurst. [Entered: 07/10/2025 03:02 PM] |
| Filing 29 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for November 2025 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-2491] [Entered: 07/10/2025 11:02 AM] |
| Filing 28 3 Paper copies of Excerpts of Record in 1 Volume submitted at DE 25 by Appellee Raul Labrador received. [Entered: 06/27/2025 11:37 AM] |
| Filing 27 6 Paper copies of Answering Brief submitted at DE 24 by Appellee Raul Labrador received. [Entered: 06/27/2025 11:31 AM] |
Filing 26
ORDER FILED. Answering Brief submitted at DE 24 by Appellee Raul Labrador is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 25 by Appellee Raul Labrador are filed. Within 7 days of this order, Appellee must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 06/24/2025 11:00 AM]
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| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellee Raul Labrador. [Entered: 06/23/2025 08:40 PM] |
| Filing 24 ANSWERING BRIEF submitted for filing by Appellee Raul Labrador. [Entered: 06/23/2025 08:39 PM] |
Filing 23
ORDER FILED. The motion (Docket Entry No. 21) for an extension of time to file the answering brief is granted in part. The answering brief is due June 23, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 06/10/2025 10:49 AM]
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| Filing 22 RESPONSE to Motion to Extend Time to File Brief (DE 21) filed by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. [Entered: 06/06/2025 12:16 PM] |
| Filing 21 MOTION to Extend Time to File Brief filed by Appellee Raul Labrador. [Entered: 06/05/2025 07:07 PM] |
Filing 20
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 19) denied. Streamlined requests for extension of time are not available in Preliminary Injunction Appeals. The filer must file a motion per 9th Cir. R. 3-3. [Entered: 06/05/2025 03:02 PM]
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| Filing 19 Streamlined Request for Extension of Time to File Brief filed by Appellee Raul Labrador. [Entered: 06/05/2025 01:52 PM] |
| Filing 18 3 Paper copies of Excerpts of Record in 1 Volumes sbmitted at DE 15 by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc. received. [Entered: 05/20/2025 02:03 PM] |
| Filing 17 6 Paper copies of Opening Brief submitted at DE 14 by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc. received. [Entered: 05/20/2025 02:00 PM] |
Filing 16
ORDER FILED. Opening Brief submitted at DE 14 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 15 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 05/16/2025 03:27 PM]
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| Filing 15 EXCERPTS OF RECORD submitted for filing by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. [Entered: 05/16/2025 12:48 PM] |
| Filing 14 OPENING BRIEF submitted for filing by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc..--[COURT UPDATE: Corrected PDF of brief attached as of 5/16/2025, REPLACING original attachment; removed excerpts (resubmitted at DE 15]] [Entered: 05/15/2025 03:43 PM] [Edited: 05/16/2025 03:23 PM] |
| Filing 13 ADDED Counsel for Appellant Zack Goldberg, Counsel for Appellant Kevin M. Trowel, Counsel for Appellant Martha Reiser, Counsel for Appellant Carey R. Dunne [Entered: 05/15/2025 09:53 AM] |
| Filing 12 NOTICE OF APPEARANCE by Carey R. Dunne for Appellant Foothills School of Arts and Sciences, Inc., Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc.. [Entered: 05/15/2025 08:29 AM] |
| Filing 11 NOTICE OF APPEARANCE by Martha Reiser for Appellant Foothills School of Arts and Sciences, Inc., Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc.. [Entered: 05/15/2025 08:21 AM] |
| Filing 10 NOTICE OF APPEARANCE by Kevin M. Trowel for Appellant Foothills School of Arts and Sciences, Inc., Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc.. [Entered: 05/15/2025 07:08 AM] |
| Filing 9 NOTICE OF APPEARANCE by Zack Goldberg for Appellant Foothills School of Arts and Sciences, Inc., Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc.. [Entered: 05/15/2025 07:05 AM] |
| Filing 8 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 04/23/2025 08:14 AM] |
| Filing 7 ADDED Counsel for Appellee Alan M. Hurst, Counsel for Appellee Michael Adam Zarian [Entered: 04/22/2025 01:45 PM] |
| Filing 6 NOTICE OF APPEARANCE by Michael Adam Zarian for Appellee Raul Labrador. [Entered: 04/22/2025 01:41 PM] |
| Filing 5 NOTICE OF APPEARANCE by Alan M. Hurst for Appellee Raul Labrador. [Entered: 04/22/2025 01:40 PM] |
| Filing 4 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. [Entered: 04/22/2025 09:32 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Northwest Association of Independent Schools, Appellant Sun Valley Community School, Inc., Appellant Foothills School of Arts and Sciences, Inc.. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] 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: 04/22/2025 09:30 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/22/2025, Preliminary Injunction Opening Brief Due (Appellant) 5/15/2025, Preliminary Injunction Answering Brief Due (Appellee) 6/12/2025. For appeal no. 25-2491, 1:24-cv-00335-AKB.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 04/17/2025 03:09 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:24-cv-00335-AKB 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 25-2491 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/17/2025 03:06 PM] |
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