Zeyen et al v. Boise District #1 et al
| Olivia Zeyen, Mike Zeyen, Rachael Booth, Kim Wood and Troy District #287 |
| Richfield District #316, Moscow Charter School Moscow School District #281, Boise District #1, Grace Joint District #148, Upper Carmen Public Charter School LEA #486, Idaho Virtual Academy LEA #452, Caldwell District #132, Mullan District #392, Idaho Educational Services for the Deaf and the Blind #596, Cambridge #432, ARTEC Charter School Minidoka SD #331, Middleton District #134, Kootenai Bridge Academy LEA #470, Jefferson County Joint District #251, Fremont County Joint District #215, Cascade District #422, Gem Prep: Nampa Nampa SD #131, Garden Valley District #71, Preston Joint District #201, Anser Charter School Boise SD #1, Shoshone-Bannock Joint District #537, Pathways in Education - Nampa, Inc., Minidoka County Joint District #331, Swan Valley District #92, Parma District #137;, Plummer/Worley Joint District #44, Salmon District #291, Three Creek Joint Elementary School District #416, Castleford District #417, Pocatello Community Charter School LEA# 494, iSucceed Virtual High School LEA #466, Legacy Charter School LEA #478, Wendell District #232, McCall- Donnelly District #421, Filer District #413, Academy at Roosevelt Center (ARC) #460, Marsing District #363, Clark County District #161, Cassia Joint District #151, Bliss District #234, Heritage Academy LEA #479, West Ada School District #2, Blackfoot Charter Community Learning Center LEA #477, Vision Charter School LEA #463, Moscow District #281, Idaho Science & Technology Charter School LEA #468, Twin Falls District #411, Wallace District #393, Gem Prep: Pocatello IDEA LEA #490, Snake River District #52, Coeur dAlene Charter Academy LEA #491, Avery District #394, Midvale District #433, Post Falls District #273, Meadows Valley District #11, Syringa Mountain School LEA #488, The Village Charter School LEA #473, Homedale Joint District #370, Forrest M. Bird Charter School LEA #487, Alturas International Academy LEA #495, Gooding Joint District #231, Teton County District #401, Richard McKenna Charter School LEA #453, Soda Springs Joint District #150, West Bonner County District #83, Palouse Prairie Charter School LEA #472, Rolling Hills Charter School LEA #454, Coeur d'Alene District #271, Rockland District #382, White Pine Charter School LEA #464, Ririe Joint District #252, Pathways in Eduction - Idaho, Inc., Weiser District #431, Mackay District #182, Idaho Arts Charter School Nampa #131, Xavier Charter School LEA #462, North Gem District #149, Whitepine Joint District #288, Jerome Joint District #261, Culdesac Joint District #342, Compass Public Charter School LEA #455, Pocatello/Chubbuck District #25, Boundary County District #101, Inspire Connections Academy LEA #457, Buhl Joint District #412, Council District #13, Lakeland Joint District #272, Kootenai District #274, Salmon River Joint District #243, Lewiston Independent District #340, Meridian Technical Charter High School, Mountain Home District #193, Hagerman District #233, Marsh Valley Joint District #21, Mountain View District #244, Basin District #72, South Lemhi School District #292, Blackfoot District #55, Kamiah Joint District #304, Idaho Falls District #91, Highland District #305, American Falls Joint District #381, Lapwai District #341, Emmett Independent District #221, Kuna Joint District #3, Bingham Academy Blackfoot, ID LEA #485, Kimberly District #414, Thomas Jefferson Charter School Vallivue School District #139, St. Maries Joint District #41, Pleasant Valley District #364, Bear Lake County District #33, Arbon Elementary District #383, Taylors Crossing Public Charter School LEA #461, Lake Pend Oreille District #84, Shoshone Joint District #312, Potlatch District #285, Kendrick District #283, Notus District #135, Valley District #262, SugarSalem District #322, Prairie Elementary District #191, Liberty Charter School LEA #458, Monticello Montessori School LEA #474, Melba Joint District #136, Idaho Technical and Career Academy LEA # 489, North Star Charter School LEA #493, Horseshoe Bend School District #73, Sage International School of Boise LEA #475, Genesee Joint District #282, Shelley Joint District #60, SEI Tec Preston School District #201, Cottonwood Joint District #242, Chief Targhee Elementary Academy LEA #483, Bonneville Joint District #93, West Side District #202, Glenns Ferry District #192, Dietrich District #314, Nampa District #131, Idaho Connects Online School (ICON) LEA #469, Connections Academy #457, Canyon-Owhyee School Service Agency #555, Orofino Joint District #171, Payette Joint District #371, Butte County District #111, Heritage Community Charter School LEA #481, Kellogg Joint District #391, Idaho Distance Education Academy (I-DEA) LEA #490, Fruitland District #373, Blaine County District #61, Hansen District #415, Aberdeen District #58, Meridian Medical Arts Charter High School, Payette River Technical Academy Emmett School District #221, North Valley Academy LEA #465, Connor Academy Public Charter School LEA #460, Victory Charter School LEA #451, Falcon Ridge Public Charter School #456, Challis Joint District #181, Madison District #321, American Heritage Charter School LEA #482, Camas County District #121, Nezperce District #302, New Plymouth School District #372, North Idaho STEM Charter Academy LEA #480, Bruneau-Grand View Joint School District #365, Firth District #59, Oneida County District #351, Vallivue District #139, Murtaugh District #418, Another Choice Virtual Charter School LEA #476, West Jefferson District #253 and Wilder District #133 |
| 1:2018cv00207 |
| May 9, 2018 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| Ronald E Bush |
| B Lynn Winmill |
| Civil Rights: Education |
| 28 U.S.C. § 1983 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.
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Filing 137
Supplemental MOTION to Amend/Correct #118 Amended Complaint Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 1/3/2022 (Attachments: #1 Declaration in Support, #2 Memorandum in Support)(Wood, Jason)
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Filing 135
MEMORANDUM DECISION AND ORDER. Plaintiffs Motion to Bifurcate (Dkt. #121 ) is DENIED without prejudice to revisiting the issue upon Plaintiffs motion following a decision regarding class certification. AJH Defendants Motion to Determine the Applicable Statue of Limitations and for Protective Order (Dkt. #124 ) is GRANTED. Signed by Judge B Lynn Winmill. (alw)
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Filing 136
Minute Entry for proceedings held before Judge B Lynn Winmill: Video Motion Hearing was held on 11/18/2021 re #121 MOTION to Bifurcate and #124 MOTION for Protective Order and to Determine Applicable Statute of Limitations. (Court Reporter Tammy Hohenleitner.) (jlg)
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Filing 134
MOTION to Certify Class (Renewed) Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 12/7/2021 (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit 1 (Dr. Joki Report), #4 Exhibit 1 Part 1 to Dr. Joki Report, #5 Exhibit 1 Part 2 to Dr. Joki Report, #6 Exhibit 1 Part 3 to Dr. Joki Report, #7 Exhibit 1 Part 4 to Dr. Joki Report, #8 Exhibit 1 Part 5 to Dr. Joki Report, #9 Exhibit 2 (Dr. Ranells Report))(Wood, Jason)
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Filing 133
DOCKET ENTRY NOTICE OF HEARING regarding #121 MOTION to Bifurcate and #124 MOTION for Protective Order and to Determine Applicable Statute of Limitations: A Video Motion Hearing is set for 11/18/2021 at 4:00 PM (Mountain Time) via Zoom before Judge B Lynn Winmill. Counsel will receive a video link by a separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252,Meeting ID: 160 199 8160, Meeting Passcode: 587022. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg)
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Filing 132
DOCKET ENTRY ORDER Setting Hearing on Motion #124 MOTION for Protective Order and to Determine Applicable Statute of Limitations, and #121 MOTION to Bifurcate : Motion Hearing set for 11/18/2021 04:00 PM in Video - Boise to Other location (Mountain Time) before Judge B Lynn Winmill. Zoom link information will be provided prior to the date of the hearing. Signed by Judge B Lynn Winmill. (slm)
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Filing 131
MOTION to Amend/Correct #118 Amended Complaint Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 11/22/2021 (Attachments: #1 Memorandum in Support)(Wood, Jason)
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Filing 130
REPLY to Response to Motion re #121 MOTION to Bifurcate filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 8/26/2021.(Wood, T)
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Filing 129
REPLY to Response to Motion re #124 MOTION for Protective Order and to Determine Applicable Statute of Limitations AJH Defendants' Reply in Support of Motion to Determine Applicable Statute of Limitations and For Protection Order (Dkt. 124) filed by Boise District #1.Motion Ripe Deadline set for 8/25/2021.(Walther, Bret)
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Filing 128
ANSWER to #118 Amended Complaint Corrected Second by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139.(Gardner, David)
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Filing 127
NOTICE by Boise District #1 re #121 MOTION to Bifurcate of Non-Opposition to Plaintiffs' Motion for Separate Trials/Bifurcation (Julian, Brian)
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Filing 126
RESPONSE to Motion re #121 MOTION to Bifurcate filed by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139. Replies due by 8/30/2021.(Gardner, David)
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Filing 125
RESPONSE to Motion re #124 MOTION for Protective Order and to Determine Applicable Statute of Limitations filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 8/25/2021.(Wood, T)
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Filing 124
MOTION for Protective Order and to Determine Applicable Statute of Limitations Bret Allen Walther appearing for Defendant Boise District #1. Responses due by 8/25/2021 (Attachments: #1 Memorandum in Support)(Walther, Bret)
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Filing 123
SCHEDULING ORDER / CASE MANAGEMENT ORDER Amended Pleadings and Joinder of Parties due by 11/1/2021. Discovery due by 1/11/2022. Dispositive Motions due by 2/10/2022. Signed by Judge B. Lynn Winmill. (alw)
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Filing 122
AJH Defendants' ANSWER to #118 Amended Complaint by Boise District #1.(Julian, Brian)
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Filing 121
MOTION to Bifurcate T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 8/16/2021 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 120
DISCOVERY PLAN by Kim Wood, Mike Zeyen, Olivia Zeyen re #119 Scheduling Conf Form/Litigation Plan . (Wood, T)
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Filing 119
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Kim Wood, Mike Zeyen, Olivia Zeyen. (Wood, T)
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Filing 118
AMENDED COMPLAINT CORRECTED SECOND against All Defendants, filed by All Plaintiffs.(Wood, T)
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Filing 117
DOCKET ENTRY ORDER: Plaintiff has filed the second amended complaint, as an "amended document," see Dkt. #113 and has filed a corrected second amended complaint as an attachment to an errata, see Dkt #116 . This is improper. An amended complaint is to be filed under the event "amended complaint." Plaintiff is directed to refile the second amended complaint, as corrected, under the event "amended complaint." Signed by Judge B. Lynn Winmill. (slm)
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Filing 116
ERRATA by Plaintiffs Kim Wood, Mike Zeyen, Olivia Zeyen . (Attachments: #1 Corrected Second Amended Complaint)(Wood, T)
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Filing 115
DISCOVERY PLAN by Boise District #1 re #114 Scheduling Conf Form/Litigation Plan . (Walther, Bret)
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Filing 114
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Boise District #1. (Walther, Bret)
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Filing 113
AMENDED DOCUMENT by Mike Zeyen, Olivia Zeyen. Amendment to #21 Amended Complaint . (Wood, T)
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Filing 112
MEMORANDUM DECISION AND ORDER - AJH Defendants Motion for Reconsideration (Dkt. #91 ) is DENIED. Plaintiffs amended motion to amend/correct (Dkt. #94 ) is GRANTED. Plaintiffs renewed motion for class certification (Dkt. #97 ) is DENIED without prejudice. AJH Defendants motion to stay or extend time (Dkt. #98 ) is DENIED as moot. Plaintiffs motion to strike (Dkt. #110 ) is DENIED as moot. A telephonic scheduling conference is set for August 2, 2021, at 3:30 p.m. The parties shall file, no later than July 26, 2021, their proposed jointplans. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 111
MEMORANDUM in Opposition re #110 MOTION to Strike #109 Reply to Response to Motion, AJH Defendants' Reply in Support of Motion to Reconsider MDO (Dkt. 110) filed by Boise District #1. Replies due by 5/24/2021.(Walther, Bret)
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Filing 110
MOTION to Strike #109 Reply to Response to Motion, T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 5/20/2021 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 109
REPLY to Response to Motion re #91 MOTION for Reconsideration re #81 Memorandum Decision,, Terminate Motions, filed by Boise District #1.Motion Ripe Deadline set for 4/28/2021. (Attachments: #1 Affidavit)(Walther, Bret)
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Filing 108
REPLY to Response to Motion re #94 Amended MOTION to Amend/Correct #21 Amended Complaint, #84 MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs , Reply to AJH Defendants, filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 4/27/2021.(Wood, T)
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Filing 107
REPLY to Response to Motion re #94 Amended MOTION to Amend/Correct #21 Amended Complaint, #84 MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 4/27/2021.(Wood, T)
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Filing 106
REPLY to Response to Motion re #98 MOTION to Stay re #97 Second MOTION to Certify Class MOTION for Extension of Time to File Response/Reply Defendants' Motion to Stay or Extend Time to Respond to Plaintiffs' Renewed Motion for Class Certification, #97 Second MOTION to Certify Class filed by Boise District #1.Motion Ripe Deadline set for 4/27/2021.(Walther, Bret)
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Filing 105
RESPONSE to Motion re #94 Amended MOTION to Amend/Correct #21 Amended Complaint, #84 MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs filed by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Vallivue District #139. Replies due by 5/3/2021.(Gardner, David)
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Filing 104
RESPONSE to Motion re #94 Amended MOTION to Amend/Correct #21 Amended Complaint, #84 MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs filed by Boise District #1. Replies due by 5/3/2021.(Walther, Bret)
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Filing 103
RESPONSE to Motion re #98 MOTION to Stay re #97 Second MOTION to Certify Class MOTION for Extension of Time to File Response/Reply Defendants' Motion to Stay or Extend Time to Respond to Plaintiffs' Renewed Motion for Class Certification filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 4/28/2021.(Wood, T)
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Filing 102
RESPONSE to Motion re #91 MOTION for Reconsideration re #81 Memorandum Decision,, Terminate Motions, filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 4/27/2021.(Wood, T)
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Filing 100
DOCKET ENTRY ORDER: Defendants' response to the pending Second Motion to Certify Class (Dkt. 97) is STAYED until the Court resolves the Motion to Stay, filed at Dkt. 98. If the Court denies the Motion to Stay, the defendants shall file their response to the Second Motion to Certify Class within 14 days of the order denying the motion to stay. Signed by Judge B. Lynn Winmill. (mls)
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Filing 99
DOCKET ENTRY ORDER finding as moot #84 Motion to Amend/Correct. The motion to amend at Dkt. 84 is DEEMED MOOT in light of the amended motion filed at Dkt. 94. Signed by Judge B. Lynn Winmill. (mls).
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Filing 98
MOTION to Stay re #97 Second MOTION to Certify Class ( Responses due by 4/26/2021), MOTION for Extension of Time to File Response/Reply Defendants' Motion to Stay or Extend Time to Respond to Plaintiffs' Renewed Motion for Class Certification Bret Allen Walther appearing for Defendant Boise District #1. (Attachments: #1 Memorandum in Support of Defendants' Motion to Stay or Extend Time to Respond to Plaintiffs' Renewed Motion for Class Certification)(Walther, Bret)
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Filing 97
Second MOTION to Certify Class T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 4/23/2021 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 96
RESPONSE re #93 Scheduling Conf Form/Litigation Plan, #90 Scheduling Conf Form/Litigation Plan, filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen . (Wood, T)
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Filing 95
AMENDED DOCKET ENTRY NOTICE OF HEARING: The Telephonic Scheduling Conference set for 3/31/2021 is VACATED and RESET for 4/8/2021 at 2:30 PM before Judge B. Lynn Winmill. The parties are instructed to call the Court's conference line at 1-877-336-1828 and enter access code 4685496 at the time of the hearing.(jlg)
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Filing 94
Amended MOTION to Amend/Correct #21 Amended Complaint, #84 MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 4/19/2021 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 93
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Boise District #1. (Attachments: #1 Supplement, #2 Supplement)(Walther, Bret)
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Filing 92
MEMORANDUM/BRIEF filed by Boise District #1 in Support of Defendants' Motion to Reconsider the Court's Memorandum Decision and Order (Dkt. 81). (Walther, Bret)
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Filing 91
MOTION for Reconsideration re #81 Memorandum Decision,, Terminate Motions, Bret Allen Walther appearing for Defendant Boise District #1. Responses due by 4/16/2021 (Attachments: #1 Affidavit of Counsel, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Walther, Bret)
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Filing 90
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139. (Gardner, David)
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Set Deadlines/Hearings: Telephonic Scheduling Conference set for 3/31/2021 03:30 PM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill. (alw)
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Filing 89
DOCKET ENTRY ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE: The Court will conduct a telephonic scheduling conference on March 31, 2021 at 3:30 p.m. The parties shall meet and confer before that date in an effort to agree on a litigation plan and discovery plan. On or before March 26, 2021, the parties shall file proposed joint plans (if they reached agreement) or, alternatively, the parties shall submit separate proposed plans, and they shall briefly explain the points of disagreement. If the parties do not submit a stipulated plan, plaintiff may choose to rest on the plans previously submitted or, alternatively, may submit new proposed plans. The Court's form litigation plan and form discovery plan may be found on the District Court's website (www.id.uscourts.gov, under Forms). The parties' litigation plan should include a timeframe for plaintiff to file the anticipated class certification motion. Signed by Judge B. Lynn Winmill. (mls)
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Filing 88
RESPONSE re #81 Memorandum Decision,, Terminate Motions, #87 Response(generic) filed by Kim Wood, Mike Zeyen, Olivia Zeyen PLAINTIFFS' RESPONSE TO DEFENDANTS' OBJECTIONS TO PLAINTIFFS' LITIGATION AND DISCOVERY PLANS. (Wood, T)
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Filing 87
RESPONSE re #86 Discovery Plan, #85 Scheduling Conf Form/Litigation Plan filed by Boise District #1 Defendants' Objections to Plaintiffs' Proposed Litigation and Discovery Plans. (Walther, Bret)
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Filing 86
DISCOVERY PLAN by Mike Zeyen . (Wood, T)
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Filing 85
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Mike Zeyen. (Wood, T)
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Filing 84
MOTION to Amend/Correct #21 Amended Complaint and Notice of Joinder of Plaintiffs T Jason Wood appearing for Plaintiff Mike Zeyen. Responses due by 4/1/2021 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 83
STATUS REPORT by Mike Zeyen. (Wood, T)
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Filing 82
DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 3/17/2021 at 3:00 PM before Judge B. Lynn Winmill. The parties are instructed to call the Court's conference line at 1-877-336-1828 and enter access code 4685496 at the time of the hearing. (jlg)
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Filing 81
MEMORANDUM DECISION AND ORDER. The defendants motions for summary judgment (docket nos. #68 & #72 ) are DENIED. IT IS FURTHER ORDERED that the plaintiffs motion to certify class (docket no. #50 ) is DENIED. The plaintiffs motion for partial summary judgment (docket no. #69 ) is DENIED.IT IS FURTHER ORDERED that plaintiffs motion to strike (docket no. #66 ) is DENIED. Signed by Judge B. Lynn Winmill. ((alw)
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Filing 80
Minute Entry for proceedings held before Judge B. Lynn Winmill: Video Motion Hearing held on 9/3/2020 re #50 MOTION to Certify Class, #69 MOTION for Partial Summary Judgment, and #72 Cross MOTION for Summary Judgment by AJH Defendants. Motions deemed under advisement. (Court Reporter Tammy Hohenleitner.) (jlb)
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Filing 79
AMENDED DOCKET ENTRY NOTICE OF HEARING regarding #50 MOTION to Certify Class, #69 MOTION for Partial Summary Judgment, and #72 Cross MOTION for Summary Judgment by AJH Defendants,: A Video Motion Hearing will be held by Zoom on 9/3/2020 at 4:00 PM in Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. The Parties will be provided a link to connect to video separately. The public may listen to the hearing by phone using the following information: 1-669-254-5252; Meeting ID: 161 307 2963; Password: 745013. Members of the public are reminded to mute their phones and that recording the proceedings is prohibited. (jlb)
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Filing 78
REPLY to Response to Motion re #72 Cross MOTION for Summary Judgment by AJH Defendants, filed by Boise District #1.Motion Ripe Deadline set for 8/28/2020.(Julian, Brian)
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Filing 77
RESPONSE to Motion re #72 Cross MOTION for Summary Judgment by AJH Defendants, filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 8/27/2020. (Attachments: #1 Declaration of Kim A. Wood)(Wood, T)
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Filing 76
REPLY to Response to Motion re #69 MOTION for Partial Summary Judgment filed by Mike Zeyen.Motion Ripe Deadline set for 8/7/2020. (Attachments: #1 Affidavit Robert C. Huntley)(Wood, T)
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Filing 75
REPLY to Response to Motion re #69 MOTION for Partial Summary Judgment filed by Mike Zeyen.Motion Ripe Deadline set for 8/7/2020. (Attachments: #1 Affidavit Declaration of Robert C. Huntley)(Wood, T)
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Filing 74
DOCKET ENTRY NOTICE OF HEARING regarding #50 MOTION to Certify Class, #69 MOTION for Partial Summary Judgment, and #72 Cross MOTION for Summary Judgment by AJH Defendants: A Motion Hearing is set for 9/3/2020 at 2:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)
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Filing 73
RESPONSE to Motion re #69 MOTION for Partial Summary Judgment filed by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139. Replies due by 8/6/2020.(Gardner, David)
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Filing 72
Cross MOTION for Summary Judgment by AJH Defendants, Brian K Julian appearing for Defendant Boise District #1. Responses due by 8/13/2020 (Attachments: #1 Memorandum in Support of Defendants' Cross-Motion for Summary Judgment, #2 Affidavit of Bret A. Walther In Support of Defendants' Cross-Motion for Summary Judgment, #3 Exhibit A to Affidavit of Bret A. Walther in Support of Defendants' Cross-Motion for Summary Judgment)(Julian, Brian)
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Filing 71
RESPONSE to Motion re #69 MOTION for Partial Summary Judgment filed by Boise District #1. Replies due by 8/6/2020. (Attachments: #1 Supplement Statement of Undisputed Facts In Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment)(Julian, Brian)
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Filing 70
Statement Undisputed Facts re: Dkt 69 re #69 MOTION for Partial Summary Judgment filed by Kim Wood, Mike Zeyen, Olivia Zeyen.(Wood, T)
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Filing 69
MOTION for Partial Summary Judgment T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 7/23/2020 (Attachments: #1 Memorandum in Support, #2 Declaration in Support)(Wood, T)
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Filing 68
MOTION for Joinder in BJH Defendants' Response in Opposition to Plaintiff's Motion for Class Certification Dkt. 64 Jetta Hatch Mathews appearing for Defendants McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139. Responses due by 7/22/2020 (Mathews, Jetta)
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Filing 67
REPLY to Response to Motion re #50 MOTION to Certify Class filed by Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 6/17/2020.(Wood, T)
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Filing 66
MOTION to Strike #63 Response to Motion,,,,,,,,,,,,,,,,,,,,,,,,,, #64 Affidavit in Opposition to Motion, T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 7/7/2020 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 65
MEMORANDUM DECISION AND ORDER. Plaintiffs motion for immediate entry of order certifying class or, in the alternative, to set a hearing date (docket no. #58 ) is GRANTED IN PART AND DENIED IN PART. A hearing date be set on the motion to certify class (docket no. #50 ) for September 3, 2020, at 2:00 p.m. in the Federal Courthouse in Boise Idaho. The defendants motion for extension of time to file a response brief to the motion to certify class (docket no. #52 ) and the motions for joinder in that motion (docket nos. #53 & #55 ) are DENIED. The defendants motion for protective order (docket no. #51 ) and the motion for joinder in that motion (docket no. #54 ) are DENIED. Signed by Judge B. Lynn Winmill. (alw)
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Set/Reset Deadlines as to #50 MOTION to Certify Class . Motion Hearing set for 9/3/2020 02:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (alw)
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Filing 64
AFFIDAVIT in Opposition by Brian K. Julian re #50 MOTION to Certify Class filed by Boise District #1. Replies due by 6/22/2020. (Attachments: #1 Exhibit to Declaration of Brian K. Julian in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification)(Julian, Brian)
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Filing 63
RESPONSE to Motion re #50 MOTION to Certify Class Response in Opposition to Plaintiffs' Motion for Class Certification filed by McCall- Donnelly District #421, Nezperce District #302, Orofino Joint District #171, ARTEC Charter School Minidoka SD #331, Aberdeen District #58, Academy at Roosevelt Center (ARC) #460, Alturas International Academy LEA #495, American Falls Joint District #381, American Heritage Charter School LEA #482, Another Choice Virtual Charter School LEA #476, Anser Charter School Boise SD #1, Arbon Elementary District #383, Avery District #394, Basin District #72, Bear Lake County District #33, Bingham Academy Blackfoot, ID LEA #485, Blackfoot Charter Community Learning Center LEA #477, Blackfoot District #55, Blaine County District #61, Bliss District #234, Boise District #1, Bonneville Joint District #93, Boundary County District #101, Bruneau-Grand View Joint School District #365, Buhl Joint District #412, Butte County District #111, Caldwell District #132, Camas County District #121, Cambridge #432, Canyon-Owhyee School Service Agency #555, Cascade District #422, Cassia Joint District #151, Castleford District #417, Challis Joint District #181, Chief Targhee Elementary Academy LEA #483, Clark County District #161, Coeur d'Alene District #271, Coeur dAlene Charter Academy LEA #491, Compass Public Charter School LEA #455, Connections Academy #457, Connor Academy Public Charter School LEA #460, Cottonwood Joint District #242, Council District #13, Culdesac Joint District #342, Dietrich District #314, Emmett Independent District #221, Falcon Ridge Public Charter School #456, Filer District #413, Firth District #59, Forrest M. Bird Charter School LEA #487, Fremont County Joint District #215, Fruitland District #373, Garden Valley District #71, Gem Prep: Nampa Nampa SD #131, Gem Prep: Pocatello IDEA LEA #490, Genesee Joint District #282, Glenns Ferry District #192, Gooding Joint District #231, Grace Joint District #148, Hagerman District #233, Hansen District #415, Heritage Academy LEA #479, Heritage Community Charter School LEA #481, Highland District #305, Homedale Joint District #370, Horseshoe Bend School District #73, Idaho Arts Charter School Nampa #131, Idaho Connects Online School (ICON) LEA #469, Idaho Distance Education Academy (I-DEA) LEA #490, Idaho Educational Services for the Deaf and the Blind #596, Idaho Falls District #91, Idaho Science & Technology Charter School LEA #468, Idaho Technical and Career Academy LEA # 489, Idaho Virtual Academy LEA #452, Inspire Connections Academy LEA #457, Jefferson County Joint District #251, Jerome Joint District #261, Kamiah Joint District #304, Kellogg Joint District #391, Kendrick District #283, Kimberly District #414, Kootenai Bridge Academy LEA #470, Kootenai District #274, Kuna Joint District #3, Lake Pend Oreille District #84, Lakeland Joint District #272, Lapwai District #341, Legacy Charter School LEA #478, Lewiston Independent District #340, Liberty Charter School LEA #458, Mackay District #182, Madison District #321, Marsh Valley Joint District #21, Marsing District #363, Meadows Valley District #11, Melba Joint District #136, Meridian Medical Arts Charter High School, Meridian Technical Charter High School, Middleton District #134, Midvale District #433, Minidoka County Joint District #331, Monticello Montessori School LEA #474, Moscow Charter School Moscow School District #281, Moscow District #281, Mountain Home District #193, Mountain View District #244, Mullan District #392, Murtaugh District #418, Nampa District #131, New Plymouth School District #372, North Gem District #149, North Idaho STEM Charter Academy LEA #480, North Star Charter School LEA #493, North Valley Academy LEA #465, Notus District #135, Oneida County District #351, Palouse Prairie Charter School LEA #472, Parma District #137;, Pathways in Education - Nampa, Inc., Pathways in Eduction - Idaho, Inc., Payette Joint District #371, Payette River Technical Academy Emmett School District #221, Pleasant Valley District #364, Plummer/Worley Joint District #44, Pocatello Community Charter School LEA# 494, Pocatello/Chubbuck District #25, Post Falls District #273, Potlatch District #285, Prairie Elementary District #191, Preston Joint District #201, Richard McKenna Charter School LEA #453, Richfield District #316, Ririe Joint District #252, Rockland District #382, Rolling Hills Charter School LEA #454, SEI Tec Preston School District #201, Sage International School of Boise LEA #475, Salmon District #291, Salmon River Joint District #243, Shelley Joint District #60, Shoshone Joint District #312, Shoshone-Bannock Joint District #537, Snake River District #52, Soda Springs Joint District #150, South Lemhi School District #292, St. Maries Joint District #41, SugarSalem District #322, Swan Valley District #92, Syringa Mountain School LEA #488, Taylors Crossing Public Charter School LEA #461, Teton County District #401, The Village Charter School LEA #473, Thomas Jefferson Charter School Vallivue School District #139, Three Creek Joint Elementary School District #416, Troy District #287, Twin Falls District #411, Upper Carmen Public Charter School LEA #486, Valley District #262, Vallivue District #139, Victory Charter School LEA #451, Vision Charter School LEA #463, Wallace District #393, Weiser District #431, Wendell District #232, West Ada School District #2, West Bonner County District #83, West Jefferson District #253, West Side District #202, White Pine Charter School LEA #464, Whitepine Joint District #288, Wilder District #133, Xavier Charter School LEA #462, iSucceed Virtual High School LEA #466. Replies due by 6/19/2020.(Collaer, Phillip)
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Filing 62
REPLY to Response to Motion re #58 MOTION FOR ENTRY OF ORDER CERTIFYING CLASS, OR ALTERNATIVELY, REQUEST FOR HEARING re #50 MOTION to Certify Class RE: TWIN FALLS DEFENDANTS' RESPONSE filed by Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 5/18/2020.(Wood, T)
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Filing 61
JOINDER by Defendants McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Vallivue District #139 joining #59 Reply to Response to Motion,,,,,,,,,,,,,,,,,,,,,,,,,,, . (Mathews, Jetta)
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Filing 60
REPLY to Response to Motion re #58 MOTION FOR ENTRY OF ORDER CERTIFYING CLASS, OR ALTERNATIVELY, REQUEST FOR HEARING re #50 MOTION to Certify Class filed by Kim Wood, Mike Zeyen, Olivia Zeyen.Motion Ripe Deadline set for 5/12/2020.(Wood, T)
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Filing 59
REPLY to Response to Motion re #58 MOTION FOR ENTRY OF ORDER CERTIFYING CLASS, OR ALTERNATIVELY, REQUEST FOR HEARING re #50 MOTION to Certify Class filed by McCall- Donnelly District #421, Nezperce District #302, Orofino Joint District #171, ARTEC Charter School Minidoka SD #331, Aberdeen District #58, Academy at Roosevelt Center (ARC) #460, Alturas International Academy LEA #495, American Falls Joint District #381, American Heritage Charter School LEA #482, Another Choice Virtual Charter School LEA #476, Anser Charter School Boise SD #1, Arbon Elementary District #383, Avery District #394, Basin District #72, Bear Lake County District #33, Bingham Academy Blackfoot, ID LEA #485, Blackfoot Charter Community Learning Center LEA #477, Blackfoot District #55, Blaine County District #61, Bliss District #234, Boise District #1, Bonneville Joint District #93, Boundary County District #101, Bruneau-Grand View Joint School District #365, Buhl Joint District #412, Butte County District #111, Caldwell District #132, Camas County District #121, Cambridge #432, Canyon-Owhyee School Service Agency #555, Cascade District #422, Cassia Joint District #151, Castleford District #417, Challis Joint District #181, Chief Targhee Elementary Academy LEA #483, Clark County District #161, Coeur d'Alene District #271, Coeur dAlene Charter Academy LEA #491, Compass Public Charter School LEA #455, Connections Academy #457, Connor Academy Public Charter School LEA #460, Cottonwood Joint District #242, Council District #13, Culdesac Joint District #342, Dietrich District #314, Emmett Independent District #221, Falcon Ridge Public Charter School #456, Filer District #413, Firth District #59, Forrest M. Bird Charter School LEA #487, Fremont County Joint District #215, Fruitland District #373, Garden Valley District #71, Gem Prep: Nampa Nampa SD #131, Gem Prep: Pocatello IDEA LEA #490, Genesee Joint District #282, Glenns Ferry District #192, Gooding Joint District #231, Grace Joint District #148, Hagerman District #233, Hansen District #415, Heritage Academy LEA #479, Heritage Community Charter School LEA #481, Highland District #305, Homedale Joint District #370, Horseshoe Bend School District #73, Idaho Arts Charter School Nampa #131, Idaho Connects Online School (ICON) LEA #469, Idaho Distance Education Academy (I-DEA) LEA #490, Idaho Educational Services for the Deaf and the Blind #596, Idaho Falls District #91, Idaho Science & Technology Charter School LEA #468, Idaho Technical and Career Academy LEA # 489, Idaho Virtual Academy LEA #452, Inspire Connections Academy LEA #457, Jefferson County Joint District #251, Jerome Joint District #261, Kamiah Joint District #304, Kellogg Joint District #391, Kendrick District #283, Kimberly District #414, Kootenai Bridge Academy LEA #470, Kootenai District #274, Kuna Joint District #3, Lake Pend Oreille District #84, Lakeland Joint District #272, Lapwai District #341, Legacy Charter School LEA #478, Lewiston Independent District #340, Liberty Charter School LEA #458, Mackay District #182, Madison District #321, Marsh Valley Joint District #21, Marsing District #363, Meadows Valley District #11, Melba Joint District #136, Meridian Medical Arts Charter High School, Meridian Technical Charter High School, Middleton District #134, Midvale District #433, Minidoka County Joint District #331, Monticello Montessori School LEA #474, Moscow Charter School Moscow School District #281, Moscow District #281, Mountain Home District #193, Mountain View District #244, Mullan District #392, Murtaugh District #418, Nampa District #131, New Plymouth School District #372, North Gem District #149, North Idaho STEM Charter Academy LEA #480, North Star Charter School LEA #493, North Valley Academy LEA #465, Notus District #135, Oneida County District #351, Palouse Prairie Charter School LEA #472, Parma District #137;, Pathways in Education - Nampa, Inc., Pathways in Eduction - Idaho, Inc., Payette Joint District #371, Payette River Technical Academy Emmett School District #221, Pleasant Valley District #364, Plummer/Worley Joint District #44, Pocatello Community Charter School LEA# 494, Pocatello/Chubbuck District #25, Post Falls District #273, Potlatch District #285, Prairie Elementary District #191, Preston Joint District #201, Richard McKenna Charter School LEA #453, Richfield District #316, Ririe Joint District #252, Rockland District #382, Rolling Hills Charter School LEA #454, SEI Tec Preston School District #201, Sage International School of Boise LEA #475, Salmon District #291, Salmon River Joint District #243, Shelley Joint District #60, Shoshone Joint District #312, Shoshone-Bannock Joint District #537, Snake River District #52, Soda Springs Joint District #150, South Lemhi School District #292, St. Maries Joint District #41, SugarSalem District #322, Swan Valley District #92, Syringa Mountain School LEA #488, Taylors Crossing Public Charter School LEA #461, Teton County District #401, The Village Charter School LEA #473, Thomas Jefferson Charter School Vallivue School District #139, Three Creek Joint Elementary School District #416, Troy District #287, Twin Falls District #411, Upper Carmen Public Charter School LEA #486, Valley District #262, Vallivue District #139, Victory Charter School LEA #451, Vision Charter School LEA #463, Wallace District #393, Weiser District #431, Wendell District #232, West Ada School District #2, West Bonner County District #83, West Jefferson District #253, West Side District #202, White Pine Charter School LEA #464, Whitepine Joint District #288, Wilder District #133, Xavier Charter School LEA #462, iSucceed Virtual High School LEA #466.Motion Ripe Deadline set for 4/28/2020. (Attachments: #1 Affidavit of BKJ In Support of Opposition to Motion, #2 Exhibit Exhibit 1 to BKJ Affidavit, #3 Exhibit Exhibit 2 to BKJ Affidavit, #4 Exhibit Exhibit 3 to BKJ Affidavit, #5 Exhibit Exhibit 4 to BKJ Affidavit)(Julian, Brian)
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Filing 58
MOTION FOR ENTRY OF ORDER CERTIFYING CLASS, OR ALTERNATIVELY, REQUEST FOR HEARING re #50 MOTION to Certify Class T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 4/27/2020 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 57
REPLY to Response to Motion re #52 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification filed by Boise District #1.Motion Ripe Deadline set for 12/4/2019. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Julian, Brian)
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Filing 56
RESPONSE to Motion re #51 MOTION for Protective Order Under F.R.C.P. 26(c), #52 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification filed by Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 12/5/2019.(Wood, T)
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Filing 55
MOTION for Joinder in AJH Defendant's Motion to Extend Time (Dkt. 52) David Paul Gardner appearing for Defendant Twin Falls District #411. Responses due by 12/6/2019 (Gardner, David)
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Filing 54
MOTION for Joinder in AJH Defendant's Motion for a Protective Order David Paul Gardner appearing for Defendant Twin Falls District #411. Responses due by 12/6/2019 (Gardner, David)
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Filing 53
MOTION for Joinder in AJH Defendant's Motion to Extend Time (Dkt.52) David Paul Gardner appearing for Defendant Twin Falls District #411. Responses due by 12/6/2019 (Gardner, David)
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Filing 52
MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification Brian K Julian appearing for Defendant Boise District #1. Responses due by 12/5/2019 (Attachments: #1 Affidavit, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Julian, Brian)
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Filing 51
MOTION for Protective Order Under F.R.C.P. 26(c) Brian K Julian appearing for Defendant Boise District #1. Responses due by 12/5/2019 (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit Exhibit A, #4 Affidavit Exhibit B)(Julian, Brian)
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Filing 50
MOTION to Certify Class T Jason Wood appearing for Plaintiffs Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. Responses due by 12/4/2019 (Attachments: #1 Memorandum in Support)(Wood, T)
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Filing 49
NOTICE by Kim Wood, Mike Zeyen, Olivia Zeyen re #48 Memorandum Decision,,, Order Staying Case,,, Terminate Motions,, ENTRY OF IDAHO SUPREME COURT DECISION (Wood, T)
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Filing 48
MEMORANDUM DECISION & ORDER It is hereby ORDERED, that the motions to dismiss (docket nos. #35 , #36 & #45 ) are GRANTED IN PART AND DENIED IN PART. They are granted to the extent that they ask the Court to abstain and to STAY this litigation pending resolution of the Zeyen appeal in the Idaho Supreme Court. They are denied in all other respects. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing 47
Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 1/14/2019 re 35] MOTION to Dismiss and #36 MOTION to Dismiss for Lack of Jurisdiction. Motions deemed under advisement. (Court Reporter Tammy Hohenleitner.) (jlb)
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Filing 46
REPLY to Response to Motion re #45 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), #35 MOTION to Dismiss filed by Boise District #1.Motion Ripe Deadline set for 12/27/2018.(Julian, Brian)
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Filing 45
MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) Brian K Julian appearing for Defendants McCall- Donnelly District #421, Nezperce District #302, Orofino Joint District #171, Aberdeen District #58, Academy at Roosevelt Center (ARC) #460, American Falls Joint District #381, Another Choice Virtual Charter School LEA #476, Anser Charter School Boise SD #1, Basin District #72, Bear Lake County District #33, Blackfoot District #55, Blaine County District #61, Bliss District #234, Boise District #1, Bonneville Joint District #93, Boundary County District #101, Bruneau-Grand View Joint School District #365, Buhl Joint District #412, Butte County District #111, Caldwell District #132, Camas County District #121, Cambridge #432, Canyon-Owhyee School Service Agency #555, Cascade District #422, Cassia Joint District #151, Castleford District #417, Challis Joint District #181, Clark County District #161, Coeur d'Alene District #271, Coeur dAlene Charter Academy LEA #491, Compass Public Charter School LEA #455, Connections Academy #457, Cottonwood Joint District #242, Council District #13, Dietrich District #314, Emmett Independent District #221, Filer District #413, Firth District #59, Fremont County Joint District #215, Fruitland District #373, Garden Valley District #71, Genesee Joint District #282, Glenns Ferry District #192, Gooding Joint District #231, Grace Joint District #148, Hagerman District #233, Hansen District #415, Highland District #305, Homedale Joint District #370, Horseshoe Bend School District #73, Idaho Falls District #91, Idaho Science & Technology Charter School LEA #468, Jefferson County Joint District #251, Jerome Joint District #261, Kamiah Joint District #304, Kellogg Joint District #391, Kendrick District #283, Kimberly District #414, Kootenai District #274, Kuna Joint District #3, Lake Pend Oreille District #84, Lakeland Joint District #272, Lewiston Independent District #340, Liberty Charter School LEA #458, Mackay District #182, Madison District #321, Marsh Valley Joint District #21, Marsing District #363, Meadows Valley District #11, Melba Joint District #136, Meridian Medical Arts Charter High School, Middleton District #134, Midvale District #433, Minidoka County Joint District #331, Monticello Montessori School LEA #474, Moscow District #281, Mountain Home District #193, Mountain View District #244, Mullan District #392, Murtaugh District #418, Nampa District #131, New Plymouth School District #372, North Gem District #149, North Idaho STEM Charter Academy LEA #480, North Star Charter School LEA #493, Notus District #135, Oneida County District #351, Palouse Prairie Charter School LEA #472, Parma District #137;, Payette Joint District #371, Pleasant Valley District #364, Pocatello Community Charter School LEA# 494, Pocatello/Chubbuck District #25, Post Falls District #273, Potlatch District #285, Prairie Elementary District #191, Preston Joint District #201, Richard McKenna Charter School LEA #453, Richfield District #316, Ririe Joint District #252, Rockland District #382, Rolling Hills Charter School LEA #454, SEI Tec Preston School District #201, Sage International School of Boise LEA #475, Salmon District #291, Salmon River Joint District #243, Shelley Joint District #60, Shoshone-Bannock Joint District #537, Snake River District #52, Soda Springs Joint District #150, South Lemhi School District #292, St. Maries Joint District #41, SugarSalem District #322, Syringa Mountain School LEA #488, Taylors Crossing Public Charter School LEA #461, Teton County District #401, The Village Charter School LEA #473, Thomas Jefferson Charter School Vallivue School District #139, Three Creek Joint Elementary School District #416, Troy District #287, Twin Falls District #411, Valley District #262, Vallivue District #139, Victory Charter School LEA #451, Wallace District #393, Weiser District #431, Wendell District #232, West Ada School District #2, West Bonner County District #83, West Jefferson District #253, West Side District #202, White Pine Charter School LEA #464, Wilder District #133. Responses due by 1/16/2019 (Julian, Brian)
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Filing 44
ERRATA by Defendant Boise District #1 re #35 MOTION to Dismiss . (Julian, Brian)
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Filing 43
REPLY to Response to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction , #35 MOTION to Dismiss filed by McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139.Motion Ripe Deadline set for 12/24/2018. (Attachments: #1 Affidavit Declaration of David P. Gardner)(Gardner, David)
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Filing 42
RESPONSE to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Kim Wood, Mike Zeyen, Olivia Zeyen. Replies due by 12/31/2018.(Wood, T)
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Filing 41
RESPONSE to Motion re #35 MOTION to Dismiss filed by Mike Zeyen. Replies due by 12/28/2018.(Huntley, Robert)
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Set/Reset Deadlines as to #36 MOTION to Dismiss for Lack of Jurisdiction , #35 MOTION to Dismiss . Per Order dkt 40, Responses due by 12/14/2018 (jp)
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Filing 40
DOCKET ENTRY ORDER granting #39 Motion for Extension of Time to File Response/Reply. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
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Filing 39
MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss for Lack of Jurisdiction , #35 MOTION to Dismiss Robert C Huntley appearing for Plaintiff Mike Zeyen. Responses due by 12/25/2018 (Huntley, Robert)
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Filing 38
NOTICE of Change of Address by T Jason Wood (Wood, T)
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Filing 37
DOCKET ENTRY NOTICE OF HEARING regarding #35 MOTION to Dismiss and #36 MOTION to Dismiss for Lack of Jurisdiction: Pursuant to Case Management Order #29 a Motion Hearing is set for 1/14/2019 at 9:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)
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Filing 36
MOTION to Dismiss for Lack of Jurisdiction Jetta Hatch Mathews appearing for Defendants McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Compass Public Charter School LEA #455, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411, Vallivue District #139. Responses due by 12/11/2018 (Mathews, Jetta)
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Filing 35
MOTION to Dismiss Brian K Julian appearing for Defendant Boise District #1. Responses due by 12/11/2018 (Attachments: #1 Affidavit Affidavit, #2 Exhibit EXH. A-D, #3 Exhibit EXH. E-J)(Julian, Brian)
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Filing 34
DOCKET ENTRY ORDER granting #31 Motion to Dismiss. Defendant Vision Charter School is DISMISSED WITH PREJUDICE, no costs or fees assessed to any party. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
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Filing 33
AMENDED DOCKET ENTRY ORDER -- granting #30 Motion to Dismiss certain defendants. The following defendants are dismissed WITH PREJUDICE and with no costs or fees assessed to any party: (1) Inspire Academies, Inc, #457 d/b/a INSPIRE Connections Academy, (2) Meridian Technical Charter High School; (3) Lapwai School District; (4) Heritage Community Charter School; (5) Kootenai Bridge Academy; (6) Payette River Regional Technical Academy; (7)Whitepine Joint School District; (8) Avery School District; (9)Artec Charter School; (10) iSucceed Virtual High School; (11) Falcon Ridge Public Charter School; and (12)North Valley Academy Charter School. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
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Filing 32
DOCKET ENTRY ORDER granting #30 Motion to Dismiss Certain Defendants. The following defendants are dismissed: (1) Inspire Academies, Inc, #457 d/b/a INSPIRE Connections Academy, (2) Meridian Technical Charter High School; (3) Lapwai School District; (4) Heritage Community Charter School; (5) Kootenai Bridge Academy; (6) Payette River Regional Technical Academy; (7)Whitepine Joint School District; (8) Avery School District; (9)Artec Charter School; (10) iSucceed Virtual High School; (11) Falcon Ridge Public Charter School; and (12)North Valley Academy Charter School. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
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Filing 31
MOTION to Dismiss VISION CHARTER SCHOOL Robert C Huntley appearing for Plaintiff Mike Zeyen. Responses due by 12/6/2018 (Huntley, Robert)
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Filing 30
MOTION to Dismiss Twelve additional Defendants Robert C Huntley appearing for Plaintiff Mike Zeyen. Responses due by 11/22/2018 (Huntley, Robert)
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Filing 29
CASE MANAGEMENT ORDER ( The parties shall file preliminary motions on such issues as standing, abstention, due process, and the defendant class on or before November 20, 2018. In Court Hearing set for 1/14/2019 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. The Court will set oral argument to resolve the preliminary motions on January 14, 2019, at 9:00 a.m. in the Federal Courthouse in Boise Idaho.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing 28
Plaintiff's Representations to Cour re Non-Complexity of This Case by Mike Zeyen re #26 Scheduling Conf Form/Litigation Plan, #27 Scheduling Conf Form/Litigation Plan, considerations for Management Hearing (Huntley, Robert) Modified on 10/26/2018 to edit text (jp).
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Filing 27
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by McCall- Donnelly District #421, Nezperce District #302, Orofino Joint District #171, ARTEC Charter School Minidoka SD #331, Aberdeen District #58, Academy at Roosevelt Center (ARC) #460, Alturas International Academy LEA #495, American Falls Joint District #381, American Heritage Charter School LEA #482, Another Choice Virtual Charter School LEA #476, Anser Charter School Boise SD #1, Arbon Elementary District #383, Avery District #394, Basin District #72, Bear Lake County District #33, Bingham Academy Blackfoot, ID LEA #485, Blackfoot Charter Community Learning Center LEA #477, Blackfoot District #55, Blaine County District #61, Bliss District #234, Boise District #1, Bonneville Joint District #93, Boundary County District #101, Bruneau-Grand View Joint School District #365, Buhl Joint District #412, Butte County District #111, Caldwell District #132, Camas County District #121, Cambridge #432, Canyon-Owhyee School Service Agency #555, Cascade District #422, Cassia Joint District #151, Castleford District #417, Challis Joint District #181, Chief Targhee Elementary Academy LEA #483, Clark County District #161, Coeur d'Alene District #271, Coeur dAlene Charter Academy LEA #491, Compass Public Charter School LEA #455, Connections Academy #457, Connor Academy Public Charter School LEA #460, Cottonwood Joint District #242, Council District #13, Culdesac Joint District #342, Dietrich District #314, Emmett Independent District #221, Falcon Ridge Public Charter School #456, Filer District #413, Firth District #59, Forrest M. Bird Charter School LEA #487, Fremont County Joint District #215, Fruitland District #373, Garden Valley District #71, Gem Prep: Nampa Nampa SD #131, Gem Prep: Pocatello IDEA LEA #490, Genesee Joint District #282, Glenns Ferry District #192, Gooding Joint District #231, Grace Joint District #148, Hagerman District #233, Hansen District #415, Heritage Academy LEA #479, Heritage Community Charter School LEA #481, Highland District #305, Homedale Joint District #370, Horseshoe Bend School District #73, Idaho Arts Charter School Nampa #131, Idaho Connects Online School (ICON) LEA #469, Idaho Distance Education Academy (I-DEA) LEA #490, Idaho Educational Services for the Deaf and the Blind #596, Idaho Falls District #91, Idaho Science & Technology Charter School LEA #468, Idaho Technical and Career Academy LEA # 489, Idaho Virtual Academy LEA #452, Inspire Connections Academy LEA #457, Jefferson County Joint District #251, Jerome Joint District #261, Kamiah Joint District #304, Kellogg Joint District #391, Kendrick District #283, Kimberly District #414, Kootenai Bridge Academy LEA #470, Kootenai District #274, Kuna Joint District #3, Lake Pend Oreille District #84, Lakeland Joint District #272, Lapwai District #341, Legacy Charter School LEA #478, Lewiston Independent District #340, Liberty Charter School LEA #458, Mackay District #182, Madison District #321, Marsh Valley Joint District #21, Marsing District #363, Meadows Valley District #11, Melba Joint District #136, Meridian Medical Arts Charter High School, Meridian Technical Charter High School, Middleton District #134, Midvale District #433, Minidoka County Joint District #331, Monticello Montessori School LEA #474, Moscow Charter School Moscow School District #281, Moscow District #281, Mountain Home District #193, Mountain View District #244, Mullan District #392, Murtaugh District #418, Nampa District #131, New Plymouth School District #372, North Gem District #149, North Idaho STEM Charter Academy LEA #480, North Star Charter School LEA #493, North Valley Academy LEA #465, Notus District #135, Oneida County District #351, Palouse Prairie Charter School LEA #472, Parma District #137;, Pathways in Education - Nampa, Inc., Pathways in Eduction - Idaho, Inc., Payette Joint District #371, Payette River Technical Academy Emmett School District #221, Pleasant Valley District #364, Plummer/Worley Joint District #44, Pocatello Community Charter School LEA# 494, Pocatello/Chubbuck District #25, Post Falls District #273, Potlatch District #285, Prairie Elementary District #191, Preston Joint District #201, Richard McKenna Charter School LEA #453, Richfield District #316, Ririe Joint District #252, Rockland District #382, Rolling Hills Charter School LEA #454, SEI Tec Preston School District #201, Sage International School of Boise LEA #475, Salmon District #291, Salmon River Joint District #243, Shelley Joint District #60, Shoshone Joint District #312, Shoshone-Bannock Joint District #537, Snake River District #52, Soda Springs Joint District #150, South Lemhi School District #292, St. Maries Joint District #41, SugarSalem District #322, Swan Valley District #92, Syringa Mountain School LEA #488, Taylors Crossing Public Charter School LEA #461, Teton County District #401, The Village Charter School LEA #473, Thomas Jefferson Charter School Vallivue School District #139, Three Creek Joint Elementary School District #416, Troy District #287, Twin Falls District #411, Upper Carmen Public Charter School LEA #486, Valley District #262, Vallivue District #139, Victory Charter School LEA #451, Vision Charter School LEA #463, Wallace District #393, Weiser District #431, Wendell District #232, West Ada School District #2, West Bonner County District #83, West Jefferson District #253, West Side District #202, White Pine Charter School LEA #464, Whitepine Joint District #288, Wilder District #133, Xavier Charter School LEA #462, iSucceed Virtual High School LEA #466. (Julian, Brian)
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NOTICE TO COURT that counsel James G. Reid wishes to no longer be noticed electronically on this case as of the date of this notice. (Reid, James)
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Filing 26
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Mike Zeyen. (Huntley, Robert)
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Filing 25
ORDER Re Plaintiffs Motion (stipulated and unopposed) For Leave To Dismiss Twenty-five Parties Defendant granting #17 MOTION to Dismiss. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing 24
ANSWER to #21 Amended Complaint by Aberdeen District #58.(Julian, Brian)
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Filing 23
ORDER. It is hereby ORDERED, that the motion to dismiss Defendants ( #19 ) is GRANTED, and that Pathways in Education-Idaho and Pathways in Education-Nampa are voluntarily DISMISSED WITH PREJUDICE with no costs assessed to either party, and the Court being fully advised in the premises; Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing 22
ANSWER to #21 Amended Complaint by Twin Falls District #411.(Gardner, David)
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Filing 21
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Wood, T)
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Filing 20
NOTICE by Boise District #1 of Association of Counsel (Skinner, Daniel)
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Filing 19
MOTION to Dismiss Two Pathways Schools Robert C Huntley appearing for Plaintiff Mike Zeyen. Responses due by 10/10/2018 (Huntley, Robert)
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Filing 18
ANSWER to #1 Complaint,,,,,,,,,,,,,,,,,,,,,,, by Aberdeen District #58.(Julian, Brian)
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Filing 17
MOTION to Dismiss 25 school Districts Robert C Huntley appearing for Plaintiff Mike Zeyen. Responses due by 9/26/2018 (Huntley, Robert)
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Filing 16
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 10/30/2018 02:30 PM in Telephonic Hearing - Boise Courtroom 1 before Judge B. Lynn Winmill. On or before 10/23/18, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing 15
DOCKET ENTRY ORDER OF RECUSAL. The undersigned District Judge hereby issues this order recusing himself from any further proceedings in this matter. The Clerk's Office is directed to reassign this case. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so)
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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Edward J. Lodge no longer assigned to case. Please use this case number on all future pleadings, 1:18-cv-207-BLW (jp)
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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:18-cv-207-EJL (jp)
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The 60 day deadline has expired. Case has been reassigned to a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)
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Filing 14
Docket entry only - CONSENT to Magistrate Judge filed. (jp)
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Filing 13
NOTICE of Substitution - Attorney David Paul Gardner for Vallivue District #139 added. Attorney Jill S Holinka terminated. (Holinka, Jill)
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Filing 12
Docket entry only - CONSENT to Magistrate Judge filed. (jp)
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Filing 11
NOTICE of Appearance by David Paul Gardner on behalf of Compass Public Charter School LEA #455 (Gardner, David)
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Filing 10
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Vallivue District #139, Vision Charter School LEA #463 re #9 Notice of Appearance. Consent/Objection to Magistrate due by 9/24/2018. (jp)
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Filing 9
NOTICE of Appearance by Jill S Holinka on behalf of Vallivue District #139, Vision Charter School LEA #463 (Holinka, Jill)
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Filing 8
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Inspire Connections Academy LEA #457 re #7 Notice of Appearance. Consent/Objection to Magistrate due by 9/17/2018. (jp)
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Filing 7
NOTICE of Appearance by J Nick Crawford on behalf of Inspire Connections Academy LEA #457 (Crawford, J)
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Filing 6
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Connor Academy Public Charter School LEA #460, Culdesac Joint District #342, Plummer/Worley Joint District #44, Shoshone Joint District #312, Upper Carmen Public Charter School LEA #486 re #5 Notice of Appearance, Consent/Objection to Magistrate due by 8/27/2018. (jp)
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Filing 5
NOTICE of Appearance by James Garrison Reid on behalf of Connor Academy Public Charter School LEA #460, Culdesac Joint District #342, Plummer/Worley Joint District #44, Shoshone Joint District #312, Upper Carmen Public Charter School LEA #486 (Reid, James)
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Filing 4
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411 re #3 Notice of Appearance, #1 Complaint. Consent/Objection to Magistrate due by 8/20/2018. (jp)
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Filing 3
NOTICE of Appearance by David Paul Gardner on behalf of McCall- Donnelly District #421, Blaine County District #61, Caldwell District #132, Jefferson County Joint District #251, Madison District #321, Mountain Home District #193, Twin Falls District #411 (Gardner, David)
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Filing 2
REDACTION Complaint by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. (Wood, T) Modified on 5/24/2018 to link to dkt #1 (jp).
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SECOND CORRECTIVE ENTRY - The entry docket number 1[] Complaint, filed by Olivia Zeyen, Rachael Booth, Kim Wood, Mike Zeyen has been sealed due to the inclusion of minor children's names in the document. The filing party shall re-submit their redacted complaint using "Redacted Document" located under Other Documents.(jp)
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CORRECTIVE ENTRY - The entry docket number #1 Complaint, filed by Olivia Zeyen, Rachael Booth, Kim Wood, Mike Zeyen has been sealed due to the inclusion of minor children's names in the document. The filing party shall re-submit their redacted complaint using "Redacted Document" located under Other Documents.(jp)
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Filing 1
COMPLAINT (CLASS ACTION) against McCall- Donnelly District #421, Nezperce District #302, Orofino Joint District #171, ARTEC Charter School Minidoka SD #331, Aberdeen District #58, Academy at Roosevelt Center (ARC) #460, Alturas International Academy LEA #495, American Falls Joint District #381, American Heritage Charter School LEA #482, Another Choice Virtual Charter School LEA #476, Anser Charter School Boise SD #1, Arbon Elementary District #383, Avery District #394, Basin District #72, Bear Lake County District #33, Bingham Academy Blackfoot, ID LEA #485, Blackfoot Charter Community Learning Center LEA #477, Blackfoot District #55, Blaine County District #61, Bliss District #234, Boise District #1, Bonneville Joint District #93, Boundary County District #101, Bruneau-Grand View Joint School District #365, Buhl Joint District #412, Butte County District #111, Caldwell District #132, Camas County District #121, Cambridge #432, Canyon-Owhyee School Service Agency #555, Cascade District #422, Cassia Joint District #151, Castleford District #417, Challis Joint District #181, Chief Targhee Elementary Academy LEA #483, Clark County District #161, Coeur d'Alene District #271, Coeur dAlene Charter Academy LEA #491, Compass Public Charter School LEA #455, Connections Academy #457, Connor Academy Public Charter School LEA #460, Cottonwood Joint District #242, Council District #13, Culdesac Joint District #342, Dietrich District #314, Emmett Independent District #221, Falcon Ridge Public Charter School #456, Filer District #413, Firth District #59, Forrest M. Bird Charter School LEA #487, Fremont County Joint District #215, Fruitland District #373, Garden Valley District #71, Gem Prep: Nampa Nampa SD #131, Gem Prep: Pocatello IDEA LEA #490, Genesee Joint District #282, Glenns Ferry District #192, Gooding Joint District #231, Grace Joint District #148, Hagerman District #233, Hansen District #415, Heritage Academy LEA #479, Heritage Community Charter School LEA #481, Highland District #305, Homedale Joint District #370, Horseshoe Bend School District #73, Idaho Arts Charter School Nampa #131, Idaho Connects Online School (ICON) LEA #469, Idaho Distance Education Academy (I-DEA) LEA #490, Idaho Educational Services for the Deaf and the Blind #596, Idaho Falls District #91, Idaho Science & Technology Charter School LEA #468, Idaho Technical and Career Academy LEA # 489, Idaho Virtual Academy LEA #452, Inspire Connections Academy LEA #457, Jefferson County Joint District #251, Jerome Joint District #261, Kamiah Joint District #304, Kellogg Joint District #391, Kendrick District #283, Kimberly District #414, Kootenai Bridge Academy LEA #470, Kootenai District #274, Kuna Joint District #3, Lake Pend Oreille District #84, Lakeland Joint District #272, Lapwai District #341, Legacy Charter School LEA #478, Lewiston Independent District #340, Liberty Charter School LEA #458, Mackay District #182, Madison District #321, Marsh Valley Joint District #21, Marsing District #363, Meadows Valley District #11, Melba Joint District #136, Meridian Medical Arts Charter High School, Meridian Technical Charter High School, Middleton District #134, Midvale District #433, Minidoka County Joint District #331, Monticello Montessori School LEA #474, Moscow Charter School Moscow School District #281, Moscow District #281, Mountain Home District #193, Mountain View District #244, Mullan District #392, Murtaugh District #418, Nampa District #131, New Plymouth School District #372, North Gem District #149, North Idaho STEM Charter Academy LEA #480, North Star Charter School LEA #493, North Valley Academy LEA #465, Notus District #135, Oneida County District #351, Palouse Prairie Charter School LEA #472, Parma District #137;, Pathways in Education - Nampa, Inc., Pathways in Eduction - Idaho, Inc., Payette Joint District #371, Payette River Technical Academy Emmett School District #221, Pleasant Valley District #364, Plummer/Worley Joint District #44, Pocatello Community Charter School LEA# 494, Pocatello/Chubbuck District #25, Post Falls District #273, Potlatch District #285, Prairie Elementary District #191, Preston Joint District #201, Richard McKenna Charter School LEA #453, Richfield District #316, Ririe Joint District #252, Rockland District #382, Rolling Hills Charter School LEA #454, SEI Tec Preston School District #201, Sage International School of Boise LEA #475, Salmon District #291, Salmon River Joint District #243, Shelley Joint District #60, Shoshone Joint District #312, Shoshone-Bannock Joint District #537, Snake River District #52, Soda Springs Joint District #150, South Lemhi School District #292, St. Maries Joint District #41, SugarSalem District #322, Swan Valley District #92, Syringa Mountain School LEA #488, Taylors Crossing Public Charter School LEA #461, Teton County District #401, The Village Charter School LEA #473, Thomas Jefferson Charter School Vallivue School District #139, Three Creek Joint Elementary School District #416, Troy District #287, Twin Falls District #411, Upper Carmen Public Charter School LEA #486, Valley District #262, Vallivue District #139, Victory Charter School LEA #451, Vision Charter School LEA #463, Wallace District #393, Weiser District #431, Wendell District #232, West Ada School District #2, West Bonner County District #83, West Jefferson District #253, West Side District #202, White Pine Charter School LEA #464, Whitepine Joint District #288, Wilder District #133, Xavier Charter School LEA #462, iSucceed Virtual High School LEA #466 ( Filing fee $ 400 receipt number 0976-1734531.), filed by Rachael Booth, Kim Wood, Mike Zeyen, Olivia Zeyen. (Attachments: #1 Cover Sheet, #2 Summons)(Wood, T) Modified on 5/15/2018 to seal complaint and summons due to minor child's names (jp).
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