Mirabelli, et al. v. Bonta, et al.
| ELIZABETH MIRABELLI, an individual, LORI ANN WEST, an individual, JANE ROE, an individual, on behalf of herself and all others similarly situated, JANE BOE, an individual, on behalf of herself and all others similarly situated, JOHN POE, an individual, on behalf of himself and all others similarly situated, JANE POE, an individual on behalf of herself and all others similarly situated, Dr JOHN DOE, an individual, on behalf of himself and all others similarly situated and Miss JANE DOE, an individual, on behalf of herself and all others similarly situated |
| ROB BONTA, in his official capacity as Attorney General of California, TONY THURMOND, in his official capacity as the California State Superintendent of Public Instruction, MARK OLSON, in his official capacity as President of the EUSD Board of Education, LINDA DARLING-HAMMOND, in her official capacity as President of the California State Board of Education, FRANK HUSTON, in his official capacity as Vice President of the EUSD Board of Education, CYNTHIA GLOVER WOODS, in her official capacity as Vice President of the California State Board of Education, JOAN GARDNER, in her official capacity as a member of the EUSD Board of Education, FRANCISCO ESCOBEDO, in his official capacity as a member of the California State Board of Education, DOUG PAULSON, in his official capacity as a member of the EUSD Board of Education, BRENDA LEWIS, in her official capacity as a member of the California State Board of Education, ZESTY HARPER, in her official capacity as a member of the EUSD Board of Education, JAMES J. MCQUILLEN, in his official capacity as a member of the California State Board of Education, LUIS RANKINS-IBARRA, in his official capacity as Superintendent of EUSD, SHARON OLKEN, in her official capacity as a member of the California State Board of Education, JOHN ALBERT, both in his personal capacity and in his official capacity as Assistant Superintendent of EUSD, GABRIELA OROZCO-GONZALEZ, in her official capacity as a member of the California State Board of Education, TRENT SMITH, both in his personal capacity and in his official capacity as Director of Integrated Student Services for EUSD, KIM PATTILLO BROWNSON, in her official capacity as a member of the California State Board of Education, TRACY SCHMIDT, both in her personal capacity and in her official capacity as Director of Integrated Student Supports for EUSD, HAYDEE RODRIGUEZ, in her official capacity as a member of the California State Board of Education, STEVE WHITE, both in his personal capacity and in his official capacity as Principal of Rincon Middle School at EUSD, ALISON YOSHIMOTO-TOWERY, in her official capacity as a member of the California State Board of Education, NAOMI PORTER, in her official capacity as a member of the California State Board of Education, ANYA AYYAPPAN, in her official capacity as a member of the California State Board of Education and ESCONDIDO UNION SCHOOL DISTRICT, a local educational agency |
| CALIFORNIA TEACHERS ASSOCIATION, CALIFORNIA FEDERATION OF TEACHERS, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA, AMERICAN CIVIL LIBERTIES UNION OF SAN DIEGO AND IMPERIAL COUNTIES, AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA, AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, LEGAL HISTORY AND FAMILY LAW SCHOLARS, PROFESSORS OF PSYCHOLOGY & HUMAN DEVELOPMENT, STATE AND NATIONAL ORGANIZATIONS FOR CHILDREN AND YOUTH, AMICI IN 25-8056 and ORGANIZATIONS REPRESENTING, SUPPORTING, AND PROVIDING HEALTH SERVICES |
| 25-8056 |
| December 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on June 3, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 CLERK ACTION: Amicus Brief submitted at DE 62 by Organizations Representing, Supporting, and Providing Health Services is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/03/2026 02:34 PM] |
| Filing 65 CLERK ACTION: Amicus Brief submitted at DE 59 by State and National Organizations for Children and Youth, Amici in 25-8056 is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/03/2026 02:34 PM] |
| Filing 64 CLERK ACTION: Amicus Brief submitted at DE 56 by Professors of Psychology & Human Development is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/03/2026 02:31 PM] |
| Filing 63 ADDED Amici Curiae Professors of Psychology & Human Development, State and National Organizations for Children and Youth, Amici in 25-8056, and Organizations Representing, Supporting, and Providing Health Services. [25-8056, 26-2337] [Entered: 06/03/2026 02:30 PM] |
| Filing 62 AMICUS BRIEF by government or with consent submitted for filing by Lambda Legal Defense & Education Fund, Public Advocates, GLAD Law, Glisten, RPYA, et al.. [25-8056, 26-2337] [Entered: 06/02/2026 05:12 PM] |
| Filing 61 CLERK ACTION: Amicus Brief submitted at DE 51 by Legal History and Family Law Scholars is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/02/2026 04:59 PM] |
| Filing 60 ADDED Amici Curiae Legal History and Family Law Scholars. [25-8056, 26-2337] [Entered: 06/02/2026 04:57 PM] |
| Filing 59 AMICUS BRIEF by government or with consent submitted for filing by National Center for Youth Law. [25-8056, 26-2337]--[COURT UPDATE: Corrected PDF of brief attached as of 6/3/2026, REPLACING original attachment] [Entered: 06/02/2026 04:55 PM] [Edited: 06/03/2026 02:14 PM] |
| Filing 58 CLERK ACTION: Amicus Brief submitted at DE 55 by ACLU, ACLU NorCal, ACLU SDIC, ACLU SoCal, Americans United for Separation of Church and State is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/02/2026 04:28 PM] |
| Filing 57 ADDED Amici Curiae American Civil Liberties Union American Civil Liberties Union of Northern California, American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Southern California, and Americans United for Separation of Church and State. [25-8056, 26-2337] [Entered: 06/02/2026 04:19 PM] |
| Filing 56 AMICUS BRIEF by government or with consent submitted for filing by Professors of Psychology & Human Development. [25-8056, 26-2337] [Entered: 06/02/2026 04:13 PM] |
| Filing 55 AMICUS BRIEF by government or with consent submitted for filing by ACLU, ACLU NorCal, ACLU SDIC, ACLU SoCal, Americans United for Separation of Church and State. [25-8056, 26-2337] [Entered: 06/02/2026 02:48 PM] |
| Filing 54 CLERK ACTION: Amicus Brief submitted at DE 52 by California Teachers Association and California Federation of Teachers is filed. No paper copies are required. [25-8056, 26-2337] [Entered: 06/02/2026 02:25 PM] |
| Filing 53 ADDED Amici Curiae California Teachers Association and California Federation of Teachers. [25-8056, 26-2337] [Entered: 06/02/2026 02:24 PM] |
| Filing 52 AMICUS BRIEF by government or with consent submitted for filing by California Teachers Association and California Federation of Teachers. [25-8056, 26-2337] [Entered: 06/02/2026 02:03 PM] |
| Filing 51 AMICUS BRIEF by government or with consent submitted for filing by Legal History and Family Law Scholars in Support of Neither Party. [25-8056, 26-2337]--[COURT UPDATE: Corrected PDF attached as of 6/2/2026, REPLACING original attachment] [Entered: 06/02/2026 01:25 PM] [Edited: 06/02/2026 04:31 PM] |
| Filing 50 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by ACLU, ACLU NorCal, ACLU SDIC, ACLU SoCal, Americans United for Separation of Church and State. [25-8056, 26-2337] (Duplicate of DE 55) [Entered: 06/02/2026 12:39 PM] [Edited: 06/02/2026 03:31 PM] |
Filing 49
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 48) granted FOR ALL APPELLEES. Amended briefing schedule: The Consolidated Answering Brief Due (Appellee) 7/27/2026. Optional Consolidated Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-8056, 26-2337] [Entered: 06/01/2026 08:13 AM]
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| Filing 48 Streamlined Request for Extension of Time to File Brief filed by Appellee Elizabeth Mirabelli. [25-8056, 26-2337] [Entered: 05/29/2026 02:27 PM] |
| Filing 47 CLERK ACTION: Opening Brief submitted at DE 45 and Excerpts of Record submitted at DE 46 by Appellants are filed. No paper copies are required. [25-8056, 26-2337] [Entered: 05/26/2026 12:39 PM] |
| Filing 46 EXCERPTS OF RECORD submitted for filing by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [25-8056, 26-2337] [Entered: 05/26/2026 12:26 PM] |
| Filing 45 OPENING BRIEF submitted for filing by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [25-8056, 26-2337] [Entered: 05/26/2026 12:24 PM] |
| Filing 44 TEXT ORDER FILED. The motion (Docket Entry No. 43 in 25-8056) for an extension of time to file the consolidated opening brief is granted. The consolidated opening brief is due 5/26/2026. The consolidated answering brief is due 6/25/2026. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-8056, 26-2337] [Entered: 05/14/2026 10:21 AM] |
| Filing 43 MOTION to Extend Time to File Brief filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [25-8056, 26-2337] [Entered: 05/12/2026 04:40 PM] |
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Filing 42
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. In light of Appellants supplement to the motion to consolidate (Doc. 38), it has come to the courts attention that there was an error in the courts April 20, 2026 order (Doc. 37). The courts April 20, 2026 order is vacated. Appellants motion to consolidate appeal nos. 25-8056 and 26-2337 is granted. The parties shall address both appeals in the same set of briefs according to the principal briefing schedule currently in place for appeal no. 25-8056. [25-8056, 26-2337] [Entered: 04/21/2026 04:33 PM]
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| Filing 41 MEDIATION QUESTIONNAIRE filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. 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. [26-2334, 25-8056] [Entered: 04/20/2026 05:15 PM] |
| Filing 40 MEDIATION QUESTIONNAIRE filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. 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. [25-8056, 26-2334] [Entered: 04/20/2026 05:16 PM] |
| Filing 39 MEDIATION QUESTIONNAIRE filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. 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. [26-2334, 25-8056] [Entered: 04/20/2026 04:30 PM] |
| Filing 38 SUPPLEMENT to Motion to Consolidate (DE 36) filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [25-8056, 26-2334] [Entered: 04/20/2026 04:28 PM] |
| Filing 37 VACATED: ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. Appellants unopposed motion to consolidate this appeal with appeal no. 26-2334 (Doc. 36) is granted. The parties shall address both appeals in the same set of briefs according to the principal briefing schedule currently in place for appeal no. 25-8056.--[COURT UPDATE: Updated docket text in 26-2334.]--[COURT UPDATE 2: Order vacated per the courts April 21, 2026 order, 25-8056 at DE 42] [25-8056, 26-2334] [Entered: 04/20/2026 10:56 AM] [Edited: 04/22/2026 08:48 AM] |
| Filing 36 MOTION to Consolidate filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 04/16/2026 04:09 PM] |
| Filing 35 TEXT CLERK ORDER. Appellants' Motion to Extend Time to File the Opening Brief until 05/18/2026 (DE 34) is granted. [Entered: 04/07/2026 03:56 PM] |
| Filing 34 MOTION to Extend Time to File Brief filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 04/07/2026 02:27 PM] |
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Filing 33
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. On March 3, 2026, in light of the Supreme Courts decision granting in part and denying in part Plaintiffs-Appellees (Plaintiffs) application to vacate the stay in Mirabelli v. Bonta, No. 25A810, 607 U.S. ___ (2026), 2026 WL 575049 (U.S. Mar. 2, 2026), the court issued an order vacating in part the stay entered by this court on January 5, 2026. See Dkt. No. 19. The court confirmed that the stay is vacated as to the parents claims and remains in effect as to the remaining claims. Id. On March 6, 2026, Defendants-Appellants (Defendants) filed an opposed emergency motion for modification of the stay order. Dkt. No. 24. Defendants request the court to modify its stay order in two respects: (1) confirm that the permanent injunction is stayed insofar as it would compel disclosure to parents who would engage in abuse, id. at 45; and (2) confirm that the notice requirement set out in Item 3 of the permanent injunction is stayed pending appeal, or substitute the notice requirement statement, id. at 57. Plaintiffs-Appellees oppose the modifications and argue that the proper venue would be the district court in the first instance. Dkt. No. 26. Defendants raise important concerns, particularly regarding whether the injunction would compel disclosure to parents who would engage in abuse. However, we agree with Plaintiffs that the district court should address the request to modify its injunction in the first instance. The district court retains jurisdiction to modify its injunction during the pendency of the appeal. Hoffman ex rel. NLRB v. Beer Drivers & Salesmens Loc. Union No. 888, 536 F.2d 1268, 1276 (9th Cir. 1976) ([I]n the case of an appeal from an order granting an injunction, the district court does not lose jurisdiction to alter the injunction.). Defendants motion for modification of the stay order is DENIED without prejudice. Dkt. No. 24. [Entered: 03/17/2026 11:32 AM]
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| Filing 32 CLERK ACTION: Supplemental Brief submitted at DE 31 by Appellees is filed. No paper copies are required. [Entered: 03/17/2026 07:48 AM] |
| Filing 31 SUPPLEMENTAL BRIEF submitted for filing by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. [Entered: 03/16/2026 06:10 PM] |
| Filing 30 CLERK ACTION: Supplemental Brief submitted at DE 29 by Appellants is filed. No paper copies are required. [Entered: 03/16/2026 04:46 PM] |
| Filing 29 SUPPLEMENTAL BRIEF submitted for filing by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 03/16/2026 04:28 PM] |
| Filing 28 REPLY to Response to Motion to Clarify or Amend Court Order or Disposition (DE 27) filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 03/11/2026 04:57 PM] |
| Filing 27 RESPONSE to Motion to Clarify or Amend Court Order or Disposition (DE 24) filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. [Entered: 03/10/2026 09:50 PM] |
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Filing 26
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. Judges Murguia and Mendoza vote to deny the Motion for Reconsideration En Banc and Judge Hurwitz so recommends. The full court has been advised of the Motion for Reconsideration En Banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 40. The Motion for Reconsideration En Banc is DENIED (Doc. 14). [Entered: 03/09/2026 03:25 PM]
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Filing 25
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. The court has received Defendants emergency motion for modification of stay order. Dkt. No. 24. The response to the emergency motion is due March 10, 2026. [Entered: 03/09/2026 03:09 PM]
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| Filing 24 MOTION to Clarify or Amend Court Order or Disposition filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 03/06/2026 12:59 PM] |
| Filing 23 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 03/06/2026 12:55 PM] |
| Filing 22 TEXT CLERK ORDER. Appellants' unopposed motion to extend time to file the opening brief (DE 21) is granted. The opening brief is due 04/16/2026. The answering brief is due 05/16/2026. The optional reply brief is due within 21 days of service of the answering brief. [Entered: 03/05/2026 02:17 PM] |
| Filing 21 MOTION to Extend Time to File Brief filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 03/05/2026 10:18 AM] |
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Filing 20
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. The parties are hereby directed to file simultaneous supplemental briefs addressing the impact of the Supreme Courts order in Mirabelli v. Bonta, No. 25A810, 607 U.S. ___ (2026), 2026 WL 575049 (U.S. Mar. 2, 2026), on the issues presented in this case. Each side shall file its respective supplemental brief by March 16, 2026. Each supplemental brief shall conform to the requirements of Fed. R. App. P. 32(a)(1)(6) and shall not exceed 2,500 words, excluding the items listed in Fed. R. App. P. 32(f). [Entered: 03/04/2026 03:25 PM]
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Filing 19
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. In light of the United States Supreme Courts decision granting in part and denying in part Plaintiffs-Appellees application to vacate the stay in Mirabelli v. Bonta, No. 25A810 (U.S. Mar. 3, 2026), the stay entered by this court on January 5, 2026, Dkt. No. 13, is hereby VACATED in part. The stay is vacated as to the parents claims. Mirabelli v. Bonta, No. 25A810, slip op. at 7 (U.S. Mar. 3, 2026). The stay remains in effect as to the remaining claims. Id. [Entered: 03/03/2026 01:54 PM]
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| Filing 18 Supreme Court Opinion. Supreme Court case no 25A810 [Entered: 03/02/2026 03:17 PM] |
| Filing 17 RESPONSE to Petition for Rehearing En Banc (DE 14) filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 02/06/2026 03:01 PM] |
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Filing 16
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. Appellants are directed to file a response to the Motion for Reconsideration En Banc (Doc. 14) within 21 days of the date of this order. The response shall not exceed 15 pages or 4,200 words. [Entered: 01/16/2026 10:02 AM]
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| Filing 15 Copy of Emergency Application to vacate interlocutory stay order , filed with the United States Supreme Court, case no. 25A810 [Entered: 01/13/2026 11:55 AM] |
| Filing 14 MOTION FOR RECONSIDERATION EN BANC filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe.[COURT UPDATED- edit docket text ] [Entered: 01/08/2026 08:20 PM] [Edited: 01/09/2026 02:03 PM] |
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Filing 13
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr.. State Appellants' motion for a stay pending appeal is granted. [SEE ORDER FOR FULL TEXT]. [Entered: 01/05/2026 05:34 PM]
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| Filing 12 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 11) filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 12/31/2025 03:04 PM] |
| Filing 11 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. [Entered: 12/30/2025 07:58 PM] |
| Filing 10 MEDIATION QUESTIONNAIRE filed by Appellee Elizabeth Mirabelli, Appellee Lori Ann West, Appellee Jane Roe, Appellee Jane Boe, Appellee John Poe, Appellee Jane Poe, Appellee John Doe, Appellee Jane Doe. 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 11:58 AM] |
| Filing 9 MEDIATION QUESTIONNAIRE filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. 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: 12/26/2025 04:10 PM] |
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Filing 8
ORDER FILED. Mary H. MURGUIA, Andrew D. HURWITZ, Salvador MENDOZA, Jr. . The court has received Defendants emergency motion for stay pending appeal and for an immediate administrative stay. Dkt. No. 7. An administrative stay is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits of the motion for stay pending appeal. Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The request for an administrative stay is GRANTED. The district courts December 22, 2025 permanent injunction is temporarily stayed pending further order. The response to the emergency motion is due December 30, 2025. The optional reply in support of the emergency motion is due December 31, 2025. [Entered: 12/26/2025 01:42 PM]
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| Filing 7 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 12/24/2025 08:10 PM] |
| Filing 6 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Rob Bonta, Appellant Tony Thurmond, Appellant Linda Darling-Hammond, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Brenda Lewis, Appellant James J. McQuillen, Appellant Sharon Olken, Appellant Gabriela Orozco-Gonzalez, Appellant Kim Pattillo Brownson, Appellant Haydee Rodriguez, Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan. [Entered: 12/24/2025 08:06 PM] |
| Filing 5 ADDED defendants with no appellate court status to docket: Mark Olson, Frank Huston, Joan Gardner, Doug Paulson, Zesty Harper, Luis Rankins-Ibarra, John Albert, Trent Smith, Tracy Schmidt, Steve White, Naomi Porter, Escondido Union School District [Entered: 12/24/2025 09:53 AM] |
| Filing 4 ADDED Counsel for Appellant Julie Veroff [Entered: 12/24/2025 08:36 AM] |
| Filing 3 NOTICE OF APPEARANCE by Julie Veroff for Appellant Alison Yoshimoto-Towery, Appellant Anya Ayyappan, Appellant Brenda Lewis, Appellant Cynthia Glover Woods, Appellant Francisco Escobedo, Appellant Gabriela Orozco-Gonzalez, Appellant Haydee Rodriguez, Appellant James J. McQuillen, Appellant Kim Pattillo Brownson, Appellant Linda Darling-Hammond, Appellant Rob Bonta, Appellant Sharon Olken, Appellant Tony Thurmond. [Entered: 12/23/2025 08:41 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 12/29/2025, Appeal Transcript Order Due (Appellant) 1/6/2026, Appeal Transcript Due (Appellant) 2/5/2026, Appeal Opening Brief Due (Appellant) 3/17/2026, Appeal Answering Brief Due (Appellee) 4/16/2026. For appeal no. 25-8056, 3:23-cv-00768-BEN-VET. 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 06:28 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-00768-BEN-VET 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 25-8056 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 06:23 PM] |
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| Search for this case: Mirabelli, et al. v. Bonta, et al. | |
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| Plaintiff: ELIZABETH MIRABELLI, an individual | |
| Represented By: | Peter Breen |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
| Represented By: | Charles S LiMandri |
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| Plaintiff: LORI ANN WEST, an individual | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
| Represented By: | Charles S LiMandri |
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| Plaintiff: JANE ROE, an individual, on behalf of herself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Plaintiff: JANE BOE, an individual, on behalf of herself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Plaintiff: JOHN POE, an individual, on behalf of himself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Plaintiff: JANE POE, an individual on behalf of herself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Plaintiff: Dr JOHN DOE, an individual, on behalf of himself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Plaintiff: Miss JANE DOE, an individual, on behalf of herself and all others similarly situated | |
| Represented By: | Mr. Paul Michael Jonna |
| Represented By: | Jeffrey M. Trissell |
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| Defendant: ROB BONTA, in his official capacity as Attorney General of California | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: TONY THURMOND, in his official capacity as the California State Superintendent of Public Instruction | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: MARK OLSON, in his official capacity as President of the EUSD Board of Education | |
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| Defendant: LINDA DARLING-HAMMOND, in her official capacity as President of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: FRANK HUSTON, in his official capacity as Vice President of the EUSD Board of Education | |
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| Defendant: CYNTHIA GLOVER WOODS, in her official capacity as Vice President of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: JOAN GARDNER, in her official capacity as a member of the EUSD Board of Education | |
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| Defendant: FRANCISCO ESCOBEDO, in his official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: DOUG PAULSON, in his official capacity as a member of the EUSD Board of Education | |
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| Defendant: BRENDA LEWIS, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: ZESTY HARPER, in her official capacity as a member of the EUSD Board of Education | |
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| Defendant: JAMES J. MCQUILLEN, in his official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: LUIS RANKINS-IBARRA, in his official capacity as Superintendent of EUSD | |
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| Defendant: SHARON OLKEN, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: JOHN ALBERT, both in his personal capacity and in his official capacity as Assistant Superintendent of EUSD | |
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| Defendant: GABRIELA OROZCO-GONZALEZ, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: TRENT SMITH, both in his personal capacity and in his official capacity as Director of Integrated Student Services for EUSD | |
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| Defendant: KIM PATTILLO BROWNSON, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: TRACY SCHMIDT, both in her personal capacity and in her official capacity as Director of Integrated Student Supports for EUSD | |
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| Defendant: HAYDEE RODRIGUEZ, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: STEVE WHITE, both in his personal capacity and in his official capacity as Principal of Rincon Middle School at EUSD | |
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| Defendant: ALISON YOSHIMOTO-TOWERY, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: NAOMI PORTER, in her official capacity as a member of the California State Board of Education | |
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| Defendant: ANYA AYYAPPAN, in her official capacity as a member of the California State Board of Education | |
| Represented By: | Julie Veroff |
| Represented By: | Mr. Kevin Lee Quade |
| Represented By: | Jennifer Ann Bunshoft |
| Represented By: | Darrell W. Spence |
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| Defendant: ESCONDIDO UNION SCHOOL DISTRICT, a local educational agency | |
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| Amicus curiae: CALIFORNIA TEACHERS ASSOCIATION | |
| Represented By: | Megan L. Degeneffe |
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| Amicus curiae: CALIFORNIA FEDERATION OF TEACHERS | |
| Represented By: | Megan L. Degeneffe |
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| Amicus curiae: AMERICAN CIVIL LIBERTIES UNION | |
| Represented By: | Alexandra Ru-Lin Johnson |
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| Amicus curiae: AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA | |
| Represented By: | Alexandra Ru-Lin Johnson |
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| Amicus curiae: AMERICAN CIVIL LIBERTIES UNION OF SAN DIEGO AND IMPERIAL COUNTIES | |
| Represented By: | Alexandra Ru-Lin Johnson |
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| Amicus curiae: AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA | |
| Represented By: | Alexandra Ru-Lin Johnson |
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| Amicus curiae: AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE | |
| Represented By: | Alexandra Ru-Lin Johnson |
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| Amicus curiae: LEGAL HISTORY AND FAMILY LAW SCHOLARS | |
| Represented By: | Angela Cai |
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| Amicus curiae: PROFESSORS OF PSYCHOLOGY & HUMAN DEVELOPMENT | |
| Represented By: | Amy Whelan |
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| Amicus curiae: STATE AND NATIONAL ORGANIZATIONS FOR CHILDREN AND YOUTH, AMICI IN 25-8056 | |
| Represented By: | Sydney Leigh Martin |
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| Amicus curiae: ORGANIZATIONS REPRESENTING, SUPPORTING, AND PROVIDING HEALTH SERVICES | |
| Represented By: | Jeffrey M. Gutkin |
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