Associated Press, et al. v. Derrick
| ASSOCIATED PRESS, THE MCCLATCHY COMPANY, LLC, doing business as The Idaho Statesman and EAST-IDAHO-NEWS.COM, LLC, doing business as East Idaho News |
| BREE DERRICK, in her official capacity as the Director of the Idaho Department of Correction |
| 25-3312 |
| May 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 12, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 24
ORDER FILED. The parties are directed to file by November 25, 2025 simultaneous supplemental briefs, not to exceed 5,000 words, addressing whether this suit is moot in whole or in part in light of the 2025 amendment to Idaho Code 19-2716 and subsequent pronouncements by the Idaho Department of Correction (IDOC). See Idaho Code 19-2716(3) (providing that effective July 1, 2026, the States primary method of execution shall be firing squad); cf. Idaho Code 19-2716(4), (5) (providing that if firing squad is not available or a court holds it unconstitutional, the method of execution shall be lethal injection); see also Declaration of Bree Derrick, IDOC Director at 11, Dkt. No. 244-3, Pizzuto v. Derrick, No. 21-cv-00359 (Oct. 27, 2025) (IDOC has determined that it will not carry out any executions until Idahos Method-of-Execution Statutes 2025 amendment goes into effect on July 1, 2026.); id., 12 (IDOC is taking steps to ensure that firing squad is available by July 1, 2026.); id., 15 (IDOC will not conduct any execution until it has published an execution protocol that provides for firing squad executions.); id., 17 (IDOC does not possess any execution chemical that it could use for a lethal injection execution.); id., 18 (IDOC does not currently have an agreement with any person or entity to obtain new lethal injection chemical.); Press Release, Idaho Department of Correction, F-Block Retrofit Update (June 2, 2025), https://www.idoc.idaho.gov/content/news/f-blockretrofit-update (The retrofit of the F-Block will modify the existing execution chamber to accommodate both lethal injection and firing squad executions. The project includes constructing a dedicated space for the firing squad and all procedures associated with it, as well as updating the existing witness areas to allow for observation of both execution methods.). Motions to extend time to file the supplemental briefs are disfavored. [Entered: 11/12/2025 10:32 AM]
|
| Filing 23 ACKNOWLEDGMENT of hearing notice filed by Kristina M. Schindele for Appellant Bree Derrick. Hearing in San Francisco - Courtroom 3 in San Francisco, on 12/5/2025 9:00:00 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: 11/07/2025 02:45 PM] |
| Filing 22 ACKNOWLEDGMENT of hearing notice filed by Wendy J. Olson for Appellee Associated Press, Appellee The McClatchy Company, LLC, Appellee East-Idaho-News.com, LLC. Hearing in San Francisco - Courtroom 3 in San Francisco, on 12/5/2025 9:00:00 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: 11/07/2025 02:29 PM] |
| Filing 21 NOTICE OF ORAL ARGUMENT on Friday, December 5, 2025 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA 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. [25-3312] [Entered: 09/21/2025 05:10 PM] |
| Filing 20 RESPONSE to notice of case being considered for oral argument filed by Wendy J. Olson. [Entered: 09/17/2025 01:26 PM] |
| Filing 19 RESPONSE to notice of case being considered for oral argument filed by Kristina M. Schindele. [Entered: 09/17/2025 12:33 PM] |
| Filing 18 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 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. [25-3312] [Entered: 09/08/2025 11:04 AM] |
| Filing 17 Paper copies (6) of Reply Brief submitted at DE 15 by Appellant Bree Derrick received. [Entered: 08/13/2025 02:45 PM] |
|
Filing 16
ORDER FILED. Reply Brief submitted at DE 15 by Appellant Bree Derrick is filed. Within 7 days of this order, Appellant 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: 08/11/2025 09:58 AM]
|
| Filing 15 REPLY BRIEF submitted for filing by Appellant Bree Derrick. [Entered: 08/08/2025 02:06 PM] |
| Filing 14 Paper copies (6) of Answering Brief submitted at DE 12 by Appellees Associated Press, et al. is received. [Entered: 07/28/2025 02:41 PM] |
|
Filing 13
ORDER FILED. Answering Brief submitted at DE 12 by Appellees Associated Press, et al. is filed. Within 7 days of this order, Appellees 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 paper copies must be sent to the Clerks principal office. [Entered: 07/23/2025 03:02 PM]
|
| Filing 12 ANSWERING BRIEF submitted for filing by Appellee Associated Press, Appellee The McClatchy Company, LLC, Appellee East-Idaho-News.com, LLC.--[COURT UPDATE: Corrected PDF of brief attached as of 7/22/2025, REPLACING original attachment, removed attachment titled "Addendum"] [Entered: 07/18/2025 07:26 PM] [Edited: 07/22/2025 01:26 PM] |
| Filing 11 Paper copies (3) of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 8 by Appellant Bree Derrick received. [Entered: 07/02/2025 03:53 PM] |
| Filing 10 Paper copies (6) of Opening Brief submitted at DE 7 by Appellant Bree Derrick received. [Entered: 07/02/2025 03:50 PM] |
|
Filing 9
ORDER FILED. Opening Brief submitted at DE 7 by Appellant Bree Derrick is filed. Within 7 days of this order, Appellant 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 8 by Appellant Bree Derrick are filed. Within 7 days of this order, Appellant 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: 06/25/2025 01:53 PM]
|
| Filing 8 EXCERPTS OF RECORD submitted for filing by Appellant Bree Derrick.--[COURT UPDATE: Corrected PDF files attached as of 6/25/2025, REPLACING original attachments] [Entered: 06/20/2025 05:18 PM] [Edited: 06/25/2025 01:40 PM] |
| Filing 7 OPENING BRIEF submitted for filing by Appellant Bree Derrick.--[COURT UPDATE: Corrected PDF attached as of 6/25/2025, REPLACING original attachment] [Entered: 06/20/2025 05:16 PM] [Edited: 06/25/2025 01:41 PM] |
| Filing 6 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: 06/09/2025 03:47 PM] |
| Filing 5 MEDIATION ORDER: By 6/6/2025, 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: 05/29/2025 12:25 PM] |
| Filing 4 MEDIATION QUESTIONNAIRE filed by Appellant Bree Derrick. 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: 05/28/2025 03:27 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellee Associated Press, Appellee The McClatchy Company, LLC, Appellee East-Idaho-News.com, LLC. 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: 05/28/2025 02:45 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/28/2025, Preliminary Injunction Opening Brief Due (Appellant) 6/20/2025, Preliminary Injunction Answering Brief Due (Appellee) 7/18/2025. For appeal no. 25-3312, 1:24-cv-00587-DKG.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: 05/23/2025 02:59 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:24-cv-00587-DKG 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 25-3312 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: 05/23/2025 02:57 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
