Hecox, et al. v. Little, et al.
| Jane Doe and Lindsay Hecox |
| Bradley Little, Boise State University, Individual Members of the State Board of Education, Individual Members of the Idaho Code Commission, Coby Dennis, Sherri Ybarra, Independent School District of Boise City #1, Marlene Tromp and Individual Members of the Board of Trustees of the Independent School District of Boise City #1 |
| Madison Kenyon and Mary Marshall |
| 1:2020cv00184 |
| April 15, 2020 |
| US District Court for the District of Idaho |
| Candy W Dale |
| David C Nye |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 DOCKET ENTRY NOTICE OF HEARING: A hearing on the #40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter, and the #30 MOTION to Intervene will be held on 7/22/2020 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (ab) |
Filing 48
ORDER ON PLAINTIFF'S MOTION FOR MINOR AND HER NEXT FRIENDS TO PROCEED UNDER PSEUDONYMS (DKT #9 ) - The Doe Plaintiffs have established good cause for proceeding under pseudonyms and their Motion to Proceed Under Pseudonyms (Dkt. #9 ) is GRANTED. Signed by Judge David C. Nye. (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 47
DOCKET ENTRY ORDER re #42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction filed by Mary Marshall, Madison Kenyon. Having considered the parties' briefing, and good cause appearing, the Court GRANTS the proposed intervenors' Motion for Leave to File a Conditional Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction. The proposed intervenors filed a proposed memorandum in opposition on June 9, 2020. The Court accepts this memorandum as the proposed intervenors' opposition to Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' reply, if any, shall be filed on or before June 29, 2020. In issuing this Order, the Court is not granting the Motion to Intervene. The Court will rule on the Motion to Intervene after the hearing on July 22, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)
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| Filing 46 SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re #42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction (Proposed Memorandum). (Attachments: #1 Exhibit A- Declaration of Chelsea Mitchell, #2 Exhibit B- Expert Affidavit of Dr. Stephen Levine)(Brooks, Roger) |
| Filing 45 MEMORANDUM in Opposition re #30 MOTION to Intervene Plaintiffs' Opposition to Motion to Intervene filed by Jane Doe, Lindsay Hecox. Replies due by 6/23/2020.(Eppink, Richard) |
| Filing 44 RESPONSE to Motion re #42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction, #30 MOTION to Intervene filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 6/22/2020.(Zanzig, W) |
| Filing 43 RESPONSE to Motion re #42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction filed by Jane Doe, Lindsay Hecox. Replies due by 6/19/2020.(Eppink, Richard) |
| Filing 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction Jeffrey A. Shafer appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/25/2020 (Shafer, Jeffrey) |
| Filing 41 RESPONSE to Motion re #22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 6/18/2020. (Attachments: #1 Expert Declaration of Gregory A. Brown, Ph.D. FACSM)(Zanzig, W) |
| Filing 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter Dayton Patrick Reed appearing for Defendants Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Responses due by 6/22/2020 (Attachments: #1 Memorandum in Support Motion to Dismiss)(Reed, Dayton) |
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Filing 39
DOCKET ENTRY ORDER: Responses to #30 MOTION to Intervene are due by 6/9/2020. Replies are due by 6/16/2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mt)
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| Set/Reset Deadlines as to #30 MOTION to Intervene . Responses due by 6/9/2020. Replies due by 6/16/2020. (jd) |
| Filing 38 NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra (Olsen, Steven) |
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Filing 37
DOCKET ENTRY ORDER approving #31 , #32 , #33 , #34 and #35 Motion for Pro Hac Vice Appearance of attorney Parker Douglas,Christiana Holcomb,Kristen K. Waggoner,Roger G. Brooks and Jeffrey A. Shafer for Madison Kenyon and for Mary Marshall Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (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 36 NOTICE of Appearance by Raul Rafael Labrador on behalf of Madison Kenyon, Mary Marshall (Labrador, Raul) |
| Filing 35 MOTION FOR PRO HAC VICE APPEARANCE by Parker Douglas. ( Filing fee $ 250 receipt number 0976-2052026.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce) |
| Filing 34 MOTION FOR PRO HAC VICE APPEARANCE by Christiana M. Holcomb. ( Filing fee $ 250 receipt number 0976-2052017.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce) |
| Filing 33 MOTION FOR PRO HAC VICE APPEARANCE by Kristen K. Waggoner. ( Filing fee $ 250 receipt number 0976-2052012.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce) |
| Filing 32 MOTION FOR PRO HAC VICE APPEARANCE by Roger G. Brooks. ( Filing fee $ 250 receipt number 0976-2052005.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce) |
| Filing 31 MOTION FOR PRO HAC VICE APPEARANCE by Jeffrey A. Shafer. ( Filing fee $ 250 receipt number 0976-2051969.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce) |
| Filing 30 MOTION to Intervene Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Attachments: #1 Memorandum in Support of Motion to Intervene, #2 Exhibit A- Declaration of Madison Kenyon, #3 Exhibit B- Declaration of Mary Marshall, #4 Exhibit C- Intervenors' Answer to Verified Complaint)(Skaug, Bruce) |
| Filing 29 DOCKET ENTRY NOTICE of Hearing: A hearing on the #22 MOTION for Preliminary Injunction (Equal Protection Claim) is set for 7/22/2020 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (ab) |
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Filing 28
ORDER GRANTING STIPULATED MOTION RE: BRIEFING SCHEDULE ON MOTIONS - IT IS HEREBY ORDERED that the briefing schedule shall be amended as follows: Defendants shall file their motion to dismiss on or before June 1, 2020. Plaintiffs shall file their response to Defendants motion to dismiss on or before June 22, 2020. Defendants shall file their reply in support of their motion to dismiss on or before July 6, 2020. Defendants shall file their response to Plaintiffs preliminary injunction motion on or before June 4, 2020. Plaintiffs shall file their reply in support of their preliminary injunction motion on or before June 25, 2020. Signed by Judge David C. Nye. (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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| Set/Reset Deadlines as to #22 MOTION for Preliminary Injunction (Equal Protection Claim). Responses due by 6/4/2020. Replies due by 6/25/2020. (jd) |
| Set/Reset Deadlines as to motion to dismiss. Responses due by 6/22/2020. Replies due by 7/6/2020. (jd) |
| Filing 27 STIPULATION re #22 MOTION for Preliminary Injunction (Equal Protection Claim) by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Olsen, Steven) |
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Filing 26
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing - Boise Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (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 25 DOCKET ENTRY NOTICE VACATING HEARING - Due to reassignment of this matter, the Telephonic Scheduling Conference currently set for 6/18/2020 11:30 AM Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale is hereby VACATED. (at) |
| Filing 24 A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(jd) |
| DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:20-cv-00184-DCN. (jd) |
| Filing 23 NOTICE of Appearance by Matthew K Wilde on behalf of Boise State University, Marlene Tromp (Wilde, Matthew) |
| Filing 22 MOTION for Preliminary Injunction (Equal Protection Claim) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/21/2020 (Attachments: #1 Memorandum in Support, #2 Adkins Declaration, #3 Barr Declaration, #4 Carroll Declaration, #5 Fry Declaration, #6 Hecox Declaration, #7 Jane Doe Declaration, #8 Jean Doe Declaration, #9 Safer Declaration, #10 Swoboda Declaration)(Eppink, Richard) |
| Filing 21 RESPONSE to Motion re #9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Non- Opposition filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton) |
| Filing 20 RESPONSE to Motion re #18 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief, #9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton) |
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Filing 19
ORDER RE: MOTION TO EXCEED PAGE LIMIT (DKT #18 ) - Plaintiffs Motion for Leave to File a 30-Page Brief (Dkt. #18 ) is GRANTED. Plaintiffs may file a brief of up to thirty (30) pages in support of their forthcoming motion for preliminary injunction. Defendants response to Plaintiffs motion for preliminary injunction may be up to thirty (30) pages and any reply brief may be up to fifteen (15) pages. Signed by Judge Candy W. Dale. (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 18 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/18/2020 (Eppink, Richard) |
| Filing 17 Docket entry only - CONSENT to Magistrate Judge filed. (jd) |
| Filing 16 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra and counsel for Lindsay Hecox re #14 Notice of Appearance and the #1 Complaint. Consent/Objection to Magistrate due by 6/23/2020. (jd) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Sherri Ybarra, Individual Members of the State Board of Education, Marlene Tromp, Boise State University, Individual Members of the Idaho Code Commission, Bradley Little. Sherri Ybarra waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the State Board of Education waiver sent on 4/16/2020, answer due 6/15/2020; Marlene Tromp waiver sent on 4/16/2020, answer due 6/15/2020; Boise State University waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the Idaho Code Commission waiver sent on 4/16/2020, answer due 6/15/2020; Bradley Little waiver sent on 4/16/2020, answer due 6/15/2020. (Olsen, Steven) |
| Filing 14 NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra (Olsen, Steven) |
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Filing 13
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Signed by Judge Candy W. Dale. (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 12 WAIVER OF SERVICE Returned Executed by Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Independent School District of Boise City #1. Coby Dennis waiver sent on 4/17/2020, answer due 6/16/2020; Individual Members of the Board of Trustees of the Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020; Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020. (Skinner, Daniel) |
| Filing 11 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Board of Trustees, #2 Boise State, #3 Bradley Little, #4 Coby Dennis, #5 Idaho Code Commission, #6 Independent School District, #7 Marlene Tromp, #8 Sherri Ybarra)(jd) |
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Filing 10
DOCKET ENTRY ORDER approving #2 , #3 , #4 , #5 #6 , #7 and #8 Motion for Pro Hac Vice Appearance of attorney Elizabeth Prelogar,Kathleen Hartnett,James Esseks,Andrew Barr,Gabriel Arkles,Chase Strangio and Catherine Ann West for Jane Doe and Lindsay Hecox Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge Candy W. Dale. (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 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Attachments: #1 Memorandum in Support, #2 Declaration of Jane Doe's Next Friend and Mother Jean Doe, #3 Declaration of Jane Doe's Next Friend and Father John Doe)(Eppink, Richard) |
| Filing 8 MOTION FOR PRO HAC VICE APPEARANCE by Catherine West. ( Filing fee $ 250 receipt number 0976-2036783.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 7 MOTION FOR PRO HAC VICE APPEARANCE by Chase Strangio. ( Filing fee $ 250 receipt number 0976-2036782.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 6 MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Prelogar. ( Filing fee $ 250 receipt number 0976-2036779.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 5 MOTION FOR PRO HAC VICE APPEARANCE by Kathleen Hartnett. ( Filing fee $ 250 receipt number 0976-2036773.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 4 MOTION FOR PRO HAC VICE APPEARANCE by James Esseks. ( Filing fee $ 250 receipt number 0976-2036768.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 3 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Barr. ( Filing fee $ 250 receipt number 0976-2036766.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 2 MOTION FOR PRO HAC VICE APPEARANCE by Gabriel Arkles. ( Filing fee $ 250 receipt number 0976-2036765.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra ( Filing fee $ 400 receipt number 0976-2036759.), filed by Jane Doe, Lindsay Hecox. (Attachments: #1 Cover Sheet, #2 Summons Governor Brad Little, #3 Summons Superintendent Sherri Ybarra, #4 Summons State Board of Education members, #5 Summons Boise State University, #6 Summons Marlene Tromp, #7 Summons Independent School District of Boise City #1, #8 Summons Coby Dennis, #9 Summons Board of Trustees of Independent School District of Boise City #1 members, #10 Summons Idaho Code Commission members)(Eppink, Richard) |
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