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, Assistant Superintendent and Director of Human Resources, in their official capacity |
| MONTANA FIRST AMENDMENT SOCIETY, 1776 FOUNDATION, MONTANA PUBLIC POLICY CENTER and NC VALUES INSTITUTE |
| 25-8039 |
| December 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
Docket Report
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This docket was last retrieved on April 13, 2026. A more recent docket listing may be available from PACER.
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| Filing 37 ARGUED AND SUBMITTED to John B. OWENS, Lawrence VANDYKE, Jennifer SUNG. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 04/13/2026 11:11 AM] |
| Filing 36 CITATION of Supplemental Authorities (28j Letter) filed by Appellant Roderick E. Theis, II. [Entered: 04/10/2026 03:19 PM] |
| Filing 35 ACKNOWLEDGMENT of hearing notice filed by Blake H. Fry for Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. 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: 03/13/2026 10:54 AM] |
| Filing 34 ADDED Counsel for Appellee Blake H. Fry [Entered: 03/13/2026 10:46 AM] |
| Filing 33 NOTICE OF APPEARANCE by Blake H. Fry for Appellee Aimee Vannice, Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill. [Entered: 03/13/2026 10:41 AM] |
| Filing 32 REPLY to Response to Motion to Dismiss (DE 30) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [COURT ENTERED FILING to correct DE 31.] [Entered: 03/09/2026 02:47 PM] |
| Filing 31 DEFECTIVE---SUPPLEMENT to Motion to Dismiss (DE 24) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Wrong filing type used, correct entry is DE 32.] [Entered: 03/09/2026 02:41 PM] [Edited: 03/09/2026 02:50 PM] |
| Filing 30 RESPONSE to Motion to Dismiss (DE 24) filed by Appellant Roderick E. Theis, II. [COURT ENTERED FILING to correct DE 29.] [Entered: 03/02/2026 09:35 PM] |
| Filing 29 DEFECTIVE---SUPPLEMENTAL BRIEF submitted for filing by Appellant Roderick E. Theis, II. [Wrong filing type used, correct entry is DE 30.] [Entered: 03/02/2026 03:23 PM] [Edited: 03/02/2026 09:36 PM] |
| Filing 28 CLERK ACTION: Amicus Brief submitted at DE 19 by NC Values Institute is filed. No paper copies are required. [Entered: 02/23/2026 10:59 AM] |
Filing 27
ORDER FILED. The motion for leave to file an amicus brief by NC Values Institute (Dkt. No. 19) is GRANTED. [Entered: 02/23/2026 09:02 AM]
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| Filing 26 SUPPLEMENT to Motion to Dismiss (DE 24) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [COURT ENTERED FILING to correct DE 25.] [Entered: 02/23/2026 07:44 AM] |
| Filing 25 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, correct entry is DE 26.] [Entered: 02/20/2026 03:34 PM] [Edited: 02/23/2026 07:44 AM] |
| Filing 24 MOTION to Dismiss filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 02/20/2026 03:31 PM] |
| Filing 23 CLERK ACTION: Amicus Brief submitted at DE 21 by Amici Curiae Montana First Amendment Society, 1776 Foundation, and Montana Public Policy Center is filed. No paper copies are required. [Entered: 02/20/2026 09:38 AM] |
| Filing 22 ADDED Amicus Curiae Montana First Amendment Society, Amicus Curiae 1776 Foundation, Amicus Curiae Montana Public Policy Center, Counsel for Amicus Curiae Justin M. Oliveira [Entered: 02/20/2026 09:37 AM] |
| Filing 21 AMICUS BRIEF by government or with consent submitted for filing by Amici Curiae Montana First Amendment Society, 1776 Foundation, and Montana Public Policy Center. [Entered: 02/20/2026 09:18 AM] |
| Filing 20 ADDED Amicus Curiae - Pending NC Values Institute, Counsel for Amicus Curiae - Pending Deborah Jane Dewart [Entered: 02/19/2026 08:31 AM] |
| Filing 19 AMICUS BRIEF and MOTION for leave to file amicus brief filed by NC Values Institute. [Entered: 02/19/2026 07:39 AM] |
| Filing 18 CLERK ACTION: Opening Brief submitted at DE 16 and Excerpts of Record at DE 17 by Appellant Roderick E. Theis, II are filed. No paper copies are required. [Entered: 02/13/2026 01:10 PM] |
| Filing 17 EXCERPTS OF RECORD submitted for filing by Appellant Roderick E. Theis, II. [Entered: 02/13/2026 12:46 PM] |
| Filing 16 OPENING BRIEF submitted for filing by Appellant Roderick E. Theis, II. [Entered: 02/13/2026 12:43 PM] |
| Filing 15 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 14 RESPONSE to notice of case being considered for oral argument filed by Mathew Hoffmann. [Entered: 02/05/2026 01:03 PM] |
| Filing 13 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 10:37 AM] |
| Filing 12 DEFECTIVE --- NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco 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 momth. 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] --[COURT UPDATE: Entered in error.] [Entered: 02/05/2026 09:18 AM] [Edited: 02/05/2026 12:08 PM] |
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Filing 11
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 10 REPLY to Response to Motion to Consolidate (DE 9) filed by Appellant Roderick E. Theis, II. [Entered: 01/28/2026 10:37 AM] |
| Filing 9 RESPONSE to Motion to Consolidate (DE 7) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 01/23/2026 11:15 AM] |
| Filing 8 REPLY to Response to Court Order (DE 6) filed by Appellee Intermountain Education Service District - Board of Directors, Appellee Mark S. Mulvihill, Appellee Aimee Vannice. [Entered: 01/21/2026 02:02 PM] |
| Filing 7 MOTION to Consolidate filed by Appellant Roderick E. Theis, II. [Entered: 01/20/2026 12:35 PM] |
| Filing 6 RESPONSE to Order - Order to Show Cause (OSC) (DE 3) filed by Appellant Roderick E. Theis, II. [Entered: 01/16/2026 01:12 PM] |
| Filing 5 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: 12/30/2025 10:06 AM] |
| Filing 4 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: 12/29/2025 06:32 PM] |
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Filing 3
ORDER FILED. An order that merely enforces or interprets a previous injunction is not appealable under 28 U.S.C. 1292(a)(1). See, e.g., Pub. Serv. Co. of Colorado v. Batt, 67 F.3d 234, 236-38 (9th Cir. 1995). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 12/29/2025 09:23 AM]
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| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 12/29/2025, Preliminary Injunction Answering Brief Due (Appellee) 2/17/2026, Preliminary Injunction Opening Brief Due (Appellant) 1/20/2026. For appeal no. 25-8039, 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: 12/23/2025 02:03 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 25-8039 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: 12/23/2025 01:54 PM] |
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