Theis v. Intermountain Education Service District - Board of Directors, et al.
| RODERICK E. THEIS, II |
| INTERMOUNTAIN EDUCATION SERVICE DISTRICT - BOARD OF DIRECTORS, MARK S. MULVIHILL, Superintendent, in their official capacity and AIMEE VANNICE |
| PARENTS' RIGHTS IN EDUCATION, MONTANA FIRST AMENDMENT SOCIETY, 1776 FOUNDATION, DEFENDING EDUCATION, MONTANA PUBLIC POLICY CENTER, NC VALUES INSTITUTE, LINDSAY AND MATT MOROUN RELIGIOUS LIBERTY CLINIC - NOTRE DAME LAW SCHOOL, YOUNG AMERICAS FOUNDATION, ADVANCING AMERICAN FREEDOM, INC. and SOUTHEASTERN LEGAL FOUNDATION |
| 25-5641 |
| September 5, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| Filing 58 RESPONSE to Motion to Dismiss (DE 52) filed by Appellant Roderick E. Theis, II. [Court entered filing to correct DE 57] [Entered: 03/02/2026 04:37 PM] |
| Filing 57 DEFECTIVE --- SUPPLEMENTAL BRIEF submitted for filing by Appellant Roderick E. Theis, II. [Wrong filing type used, corrected in DE 58] [Entered: 03/02/2026 03:21 PM] [Edited: 03/02/2026 04:39 PM] |
| Filing 56 ACKNOWLEDGMENT of hearing notice filed by Mathew Hoffmann for Appellant Roderick E. Theis, II. Hearing in Portland - 2nd Floor Courtroom in Portland, on 4/13/2026 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: 02/27/2026 07:35 AM] |
| Filing 55 TERMINATED participation of Counsel for Amicus Curiae - Pending Madison Hahn, representing Amicus Curiae - Pending Advancing American Freedom, Inc., Amicus Curiae - Pending Southeastern Legal Foundation, Amicus Curiae - Pending Young Americas Foundation. [Entered: 02/25/2026 09:51 AM] |
Filing 54
ORDER FILED. The motion to withdraw as counsel (Dkt. No. 51) is GRANTED. [Entered: 02/25/2026 09:49 AM]
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| Filing 53 DEFECTIVE --- MOTION to Dismiss filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Wrong filing type used, PDF attached to DE 52] [Entered: 02/20/2026 03:37 PM] [Edited: 02/20/2026 04:12 PM] |
| Filing 52 MOTION to Dismiss filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Court update to attach PDF from DE 53] [Entered: 02/20/2026 03:36 PM] [Edited: 02/20/2026 04:12 PM] |
| Filing 51 MOTION to Withdraw as Counsel filed by Madison Hahn for Amicus Curiae - Pending Young Americas Foundation, Amicus Curiae - Pending Advancing American Freedom, Inc., Amicus Curiae - Pending Southeastern Legal Foundation. [Entered: 02/19/2026 08:16 AM] |
| Filing 50 NOTICE OF ORAL ARGUMENT on Monday, April 13, 2026 - 09:00 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. 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. [25-5641, 25-8039] [Entered: 02/08/2026 12:12 PM] |
| Filing 49 RESPONSE to notice of case being considered for oral argument filed by Mathew Hoffmann. [Entered: 02/05/2026 12:59 PM] |
| Filing 48 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for April 2026 at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during this month. 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) IMMEDIATELY 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. [Case List] [Entered: 02/05/2026 10:42 AM] |
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Filing 47
ORDER FILED. The court has received the responses to the December 29, 2025 order in appeal No. 25-8039. That case will proceed, but, in addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over appeal No. 25-8039. See Pub. Serv. Co. of Colorado v. Batt, 67 F.3d 234, 236-38 (9th Cir. 1995) (an order that merely enforces or interprets a previous injunction is not appealable under 28 U.S.C. 1292(a)(1)). Briefing is complete in appeal No. 25-5641. The opening brief in appeal No. 25-8039 is due February 13, 2026. The answering brief is due March 6, 2026. The optional reply brief is due 14 days after the answering brief is served. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(3). The clerk will place these cases on the calendar for April 2026. See 9th Cir. Gen Ord. 3.3(f). The motion (Docket Entry No. 45 in No. 25-5641; Docket Entry No. 7 in No. 25-8039) to consolidate is unnecessary. [Entered: 02/04/2026 01:56 PM]
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| Filing 46 RESPONSE to notice of case being considered for oral argument filed by Mathew Hoffmann. [Entered: 01/22/2026 09:43 AM] |
| Filing 45 MOTION to Consolidate filed by Appellant Roderick E. Theis, II. [Entered: 01/20/2026 02:41 PM] |
| Filing 44 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for April 2026 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. [25-5641] [Entered: 01/16/2026 10:22 AM] |
| Filing 43 ADDED Counsel for Appellant Travis Christopher Barham [Entered: 01/05/2026 01:10 PM] |
| Filing 42 NOTICE OF APPEARANCE by Travis Christopher Barham for Appellant Roderick E. Theis, II. [Entered: 01/05/2026 12:42 PM] |
| Filing 41 REPLY to Response to Motion to Strike Brief or Portion of Brief (DE 39) filed by Appellant Roderick E. Theis, II. [Entered: 12/31/2025 05:33 PM] |
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Filing 40
ORDER FILED. The opposed motion (Docket Entry No. 36) to strike portions of the answering brief and any further related filings are referred to the panel that decides the merits of this appeal. [Entered: 12/31/2025 05:05 PM]
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| Filing 39 RESPONSE to Motion to Strike Brief or Portion of Brief (DE 36) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 12/24/2025 12:16 PM] |
| Filing 38 CLERK ACTION: Reply Brief submitted at DE 37 by Appellant Roderick E. Theis, II is filed. No paper copies are required. [Entered: 12/22/2025 03:50 PM] |
| Filing 37 REPLY BRIEF submitted for filing by Appellant Roderick E. Theis, II. [Entered: 12/22/2025 01:15 PM] |
| Filing 36 MOTION to Strike Brief or Portion of Brief filed by Appellant Roderick E. Theis, II. [Entered: 12/17/2025 12:28 PM] |
| Filing 35 CLERK ACTION: Answering Brief submitted at DE 33 by Appellees is filed. No paper copies are required. [Entered: 12/03/2025 03:10 PM] |
| Filing 34 MOTION for Judicial Notice filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 12/03/2025 02:51 PM] |
| Filing 33 ANSWERING BRIEF submitted for filing by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice.--[COURT UPDATE: Corrected PDF attached as of 12/3/2025, REPLACING original attachment] [Entered: 12/01/2025 04:57 PM] [Edited: 12/03/2025 03:09 PM] |
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Filing 32
ORDER FILED. The motion (Docket Entry No. 31) for an extension of time to file the answering brief is granted. The answering brief is due December 1, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 11/26/2025 10:24 AM]
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| Filing 31 MOTION to Extend Time to File Brief filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 11/14/2025 01:24 PM] |
| Filing 30 Paper copies (6) of Opening Brief submitted at DE 14 by Appellant Roderick E. Theis, II received. [Entered: 10/29/2025 12:49 PM] |
| Filing 29 CLERK ACTION: Amicus Brief submitted at DE 25 by Lindsay and Matt Moroun Religious Liberty Clinic - Notre Dame Law School is filed. No paper copies are required. [Entered: 10/28/2025 11:40 AM] |
| Filing 28 ADDED Amicus Curiae Lindsay and Matt Moroun Religious Liberty Clinic - Notre Dame Law School, with counsel Meredith Holland Kessler; Amici Curiae - Pending Young Americas Foundation, Advancing American Freedom, Inc., and Southeastern Legal Foundation, with counsel John Marc Wheat and Madison Hahn. [Entered: 10/28/2025 11:38 AM] |
| Filing 27 RESPONSE to Motion for Leave to File Amicus Brief (DE 26) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 10/28/2025 10:13 AM] |
| Filing 26 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Advancing American Freedom. [Entered: 10/24/2025 03:05 PM] |
| Filing 25 AMICUS BRIEF by government or with consent submitted for filing by Lindsay and Matt Moroun Religious Liberty Clinic. [Entered: 10/24/2025 01:02 PM] |
| Filing 24 ADDED Amicus Curiae - Pending NC Values Institute, with counsel Deborah Jane Dewart. [Entered: 10/24/2025 12:28 PM] |
| Filing 23 AMICUS BRIEF and MOTION for leave to file amicus brief filed by NC Values Institute. [Entered: 10/24/2025 12:10 PM] |
| Filing 22 CLERK ACTION: Amicus Brief submitted at DE 19 by Montana First Amendment Society, et al. is filed. No paper copies are required. [Entered: 10/24/2025 10:08 AM] |
| Filing 21 ADDED Amicus Curiae - Pending Parents Rights in Education, with counsel Kevin James Daniel; Amici Curiae Montana First Amendment Society, 1776 Foundation, and Montana Public Policy Center, with counsel Justin M. Oliveira; Amicus Curiae - Pending Defending Education, with counsel John Michael Connolly. [Entered: 10/24/2025 10:07 AM] |
| Filing 20 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Defending Education. [Entered: 10/24/2025 08:23 AM] |
| Filing 19 AMICUS BRIEF by government or with consent submitted for filing by MONTANA FIRST AMENDMENT SOCIETY, 1776 FOUNDATION, AND MONTANA PUBLIC POLICY CENTER. [Entered: 10/24/2025 07:57 AM] |
| Filing 18 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Parents' Rights in Education.--[COURT UPDATE: Corrected PDF of brief attached as of 10/28/2025, REPLACING original attachment] [Entered: 10/24/2025 07:43 AM] [Edited: 10/28/2025 11:09 AM] |
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Filing 17
ORDER FILED. Opening Brief submitted at DE 14 by Appellant Roderick E. Theis, II is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with blue 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 addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 15 by Appellant Roderick E. Theis, II are filed. No paper copies of the excerpts are required at this time. [Entered: 10/20/2025 04:20 PM]
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| Filing 16 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant Roderick E. Theis, II.--[Duplicate entry, correct entry is DE 14] [Entered: 10/17/2025 05:11 PM] [Edited: 10/20/2025 04:17 PM] |
| Filing 15 EXCERPTS OF RECORD submitted for filing by Appellant Roderick E. Theis, II. [Entered: 10/17/2025 05:10 PM] |
| Filing 14 OPENING BRIEF submitted for filing by Appellant Roderick E. Theis, II.--[COURT UPDATE: Attached addendum] [Entered: 10/17/2025 05:06 PM] [Edited: 10/20/2025 04:17 PM] |
| Filing 13 ADDED Counsel for Appellant Matthew Ray [Entered: 10/17/2025 02:47 PM] |
| Filing 12 NOTICE OF APPEARANCE by Matthew Ray for Appellant Roderick E. Theis, II. [Entered: 10/17/2025 02:38 PM] |
| Filing 11 TEXT ORDER FILED. The motion (Docket Entry No. 10) for an extension of time to file the opening brief is granted. The opening brief is due October 17, 2025. The answering brief is due November 17, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 09/17/2025 07:45 AM] |
| Filing 10 MOTION to Extend Time to File Brief filed by Appellant Roderick E. Theis, II. [Entered: 09/15/2025 03:47 PM] |
| Filing 9 ADDED Counsel for Appellant John J. Bursch, Counsel for Appellant Mathew Hoffmann [Entered: 09/12/2025 11:56 AM] |
| Filing 8 NOTICE OF APPEARANCE by Mathew Hoffmann for Appellant Roderick E. Theis, II. [Entered: 09/12/2025 10:39 AM] |
| Filing 7 NOTICE OF APPEARANCE by John J. Bursch for Appellant Roderick E. Theis, II. [Entered: 09/12/2025 10:37 AM] |
| 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: 09/11/2025 04:29 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Roderick E. Theis, II. 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: 09/10/2025 03:33 PM] |
| Filing 4 Attorney Janet M. Schroer as Counsel for Appellee substituted for Attorney Kurt Charles Peterson. [Entered: 09/09/2025 12:03 PM] |
| Filing 3 NOTICE OF APPEARANCE by Janet M. Schroer for Appellee Aimee Vannice, Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill replacing Kurt Charles Peterson. [Entered: 09/09/2025 11:47 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 9/10/2025, Preliminary Injunction Opening Brief Due (Appellant) 10/3/2025, Preliminary Injunction Answering Brief Due (Appellee) 10/31/2025. For appeal no. 25-5641, 2:25-cv-00865-HL.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: 09/05/2025 02:17 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-00865-HL 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 25-5641 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: 09/05/2025 02:09 PM] |
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