Jones, et al. v. Critchfield, et al.
| ATLAS JONES and SOPHIE SMITH |
| DEBBIE CRITCHFIELD, in her official capacity as Idaho State Superintendent of Public Instruction, IDAHO STATE BOARD OF EDUCATION, 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 TURNBULL, 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, BOISE STATE UNIVERSITY, JEREMIAH SHINN, in his official capacity as Interim President of Boise State University, UNIVERSITY OF IDAHO and C. SCOTT GREEN, in his official capacity as President of University of Idaho |
| 25-5413 |
| August 26, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 30 ARGUED AND SUBMITTED to Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 10/24/2025 04:49 PM] |
| Filing 29 SUPPLEMENT to Motion to Maintain Document Under Seal (DE 27) filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 10/23/2025 04:23 PM] |
Filing 28
ORDER FILED. Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT The court is in receipt of Plaintiffs motion to maintain document under seal, Dkt. No. 27. In this motion, Plaintiffs move to seal the virtual courtroom for the upcoming oral argument scheduled for Friday, October 24, 2025, with a redacted recording or transcript to be made available to the public thereafter. In the alternative, Plaintiffs ask that the court instruct the parties not to reveal any sealed information about Sophie Smith and that the panel also not disclose such information during argument. Separately, Plaintiffs request that sealed information not be revealed in any subsequent decision issued by us. We deny the request to close the hearing on Plaintiffs motion for an injunction pending appeal. But we grant Plaintiffs alternative request and instruct the parties not to reveal any sealed information regarding Smith during the upcoming hearing. Smith has filed a redacted and unredacted declaration. In preparing for Fridays hearing, the court noticed that the extensive redactions in Smiths declaration omit some information the court has found elsewhere in Plaintiffs public filings. Thus, it is unclear whether the redactions in Smiths declaration are more extensive than Plaintiffs intended or whether some of Plaintiffs public filings may have disclosed information Plaintiffs meant to keep confidential. Accordingly, by 5:00 P.M. Pacific Daylight Time on Thursday, October 23, 2025, Plaintiffs shall file a letter clarifying the scope of Smiths intended redactions. That may take the form of a revised version of the redacted declaration. Our objective is to ensure that all involved have a common understanding of which facts Plaintiffs intend to remain confidential at the hearing and in any subsequent published or unpublished opinion of the court. (SEE ORDER FOR FULL TEXT) [Entered: 10/21/2025 01:55 PM]
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| Filing 27 MOTION to Maintain Document Under Seal filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 10/10/2025 06:41 PM] |
| Filing 26 ACKNOWLEDGMENT of hearing notice filed by Alan M. Hurst for Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Turnbull, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Boise State University, Appellee Jeremiah Shinn, Appellee University of Idaho, Appellee C. Scott Green. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/24/2025 11:00:00 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: 09/26/2025 11:49 AM] |
| Filing 25 ACKNOWLEDGMENT of hearing notice filed by Jacob M. Rosen for Appellant Atlas Jones, Appellant Sophie Smith. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/24/2025 11:00:00 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: 09/25/2025 12:41 PM] |
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Filing 24
ORDER FILED. Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT Appellants unopposed motions to seal (Dkt. Nos. 8 and 21), filed under Ninth Circuit Rule 27-13(e), are GRANTED. IT IS SO ORDERED. [Entered: 09/24/2025 02:13 PM]
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| Filing 23 REPLY UNDER SEAL to Response to Motion for Injunctive Relief (DE 18) filed by Appellant Atlas Jones, Appellant Sophie Smith.--[court entered filng of reply submitted at DE 21]--[COURT UPDATE: Corrected PDF attached as of 9/24/2025, REPLACING original attachment] [Entered: 09/24/2025 12:29 PM] [Edited: 09/24/2025 01:57 PM] |
| Filing 22 REPLY to Response to Motion for Injunctive Relief (DE 18) filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/22/2025 08:19 PM] |
| Filing 21 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/22/2025 08:15 PM] |
| Filing 20 NOTICE OF ORAL ARGUMENT on Friday, October 24, 2025 - 11:00 A.M. - Courtroom 2 - 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. [25-5413] [Entered: 09/18/2025 05:01 PM] |
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Filing 19
ORDER FILED. Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT Virtual oral argument in this case will be held at 11:00 A.M. on Friday, October 24, 2025 in Pasadena, California. IT IS SO ORDERED. [Entered: 09/18/2025 03:32 PM]
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| Filing 18 RESPONSE to Motion for Injunctive Relief (DE 9) filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Turnbull, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Boise State University, Appellee Jeremiah Shinn, Appellee University of Idaho, Appellee C. Scott Green. [Entered: 09/15/2025 06:58 PM] |
| Filing 17 ADDED Counsel for Appellant Abigail Bessler [Entered: 09/12/2025 03:45 PM] |
| Filing 16 NOTICE OF APPEARANCE by Abigail Bessler for Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/12/2025 03:42 PM] |
| Filing 15 MOTION to Extend Time to File Brief filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/11/2025 03:46 PM] |
| Filing 13 ADDED Counsel for Appellant Elizabeth Marie Anastasi [Entered: 09/10/2025 02:07 PM] |
| Filing 12 NOTICE OF APPEARANCE by Elizabeth Marie Anastasi for Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/10/2025 02:02 PM] |
| Filing 11 ADDED Counsel for Appellant A.D. Sean Lewis [Entered: 09/09/2025 01:46 PM] |
| Filing 10 NOTICE OF APPEARANCE by A.D. Sean Lewis for Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/09/2025 12:04 PM] |
| Filing 14 MOTION UNDER SEAL for Injunctive Relief filed by Appellant Atlas Jones, Appellant Sophie Smith.--[court entered filing of motion submitted at DE 8] [Entered: 09/10/2025 02:22 PM] |
| Filing 9 MOTION for Injunctive Relief filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/05/2025 07:29 PM] |
| Filing 8 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/05/2025 07:21 PM] |
| Filing 7 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Atlas Jones, Appellant Sophie Smith. [Entered: 09/05/2025 07:08 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: 09/05/2025 02:48 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Atlas Jones, Appellant Sophie Smith. 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: 08/29/2025 06:47 PM] |
| Filing 4 ADDED Counsel for Appellee Alan M. Hurst [Entered: 08/26/2025 03:59 PM] |
| Filing 3 NOTICE OF APPEARANCE by Alan M. Hurst for Appellee Boise State University, Appellee C. Scott Green, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee David Turnbull, Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Jeremiah Shinn, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Shawn Keough, Appellee University of Idaho, Appellee William G. Gilbert, Jr.. [Entered: 08/26/2025 03:31 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 9/2/2025, Preliminary Injunction Opening Brief Due (Appellant) 9/23/2025, Preliminary Injunction Answering Brief Due (Appellee) 10/21/2025. For appeal no. 25-5413, 1:25-cv-00413-DCN.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: 08/26/2025 11:53 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:25-cv-00413-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 25-5413 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: 08/26/2025 11:49 AM] |
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| Search for this case: Jones, et al. v. Critchfield, et al. | |
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| Plaintiff: ATLAS JONES | |
| Represented By: | A.D. Sean Lewis |
| Represented By: | Elizabeth Marie Anastasi |
| Represented By: | Abigail Bessler |
| Represented By: | Jacob M. Rosen |
| Represented By: | Paul Elliott Martin |
| Represented By: | Ms. Katherine M. Forster |
| Represented By: | Samuel Linnet |
| Represented By: | Sophia Pelecanos |
| Represented By: | Tara L. Borelli |
| Represented By: | Kell L. Olson |
| Represented By: | Peter C. Renn |
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| Plaintiff: SOPHIE SMITH | |
| Represented By: | A.D. Sean Lewis |
| Represented By: | Elizabeth Marie Anastasi |
| Represented By: | Abigail Bessler |
| Represented By: | Jacob M. Rosen |
| Represented By: | Paul Elliott Martin |
| Represented By: | Ms. Katherine M. Forster |
| Represented By: | Samuel Linnet |
| Represented By: | Sophia Pelecanos |
| Represented By: | Tara L. Borelli |
| Represented By: | Kell L. Olson |
| Represented By: | Peter C. Renn |
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| Defendant: DEBBIE CRITCHFIELD, in her official capacity as Idaho State Superintendent of Public Instruction | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: IDAHO STATE BOARD OF EDUCATION | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: LINDA CLARK, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: WILLIAM G. GILBERT, JR., in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: DAVID TURNBULL, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: SHAWN KEOUGH, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: KURT LIEBICH, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: CALLY J. ROACH, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: CINDY SIDDOWAY, in their official capacities as members of the Idaho State Board of Education | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: BOISE STATE UNIVERSITY | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: JEREMIAH SHINN, in his official capacity as Interim President of Boise State University | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: UNIVERSITY OF IDAHO | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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| Defendant: C. SCOTT GREEN, in his official capacity as President of University of Idaho | |
| Represented By: | Mr. Alan M. Hurst |
| Represented By: | Mr. Gader Wren |
| Represented By: | David J. Myers |
| Represented By: | Mr. James E. M. Craig |
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