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Lindsay Hecox v. Bradley Little

9th Cir. · 1:20-cv-00184 · 2020 · CourtListener
Cite as Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023)
Circuit9th Cir.AthleticsSchools & educationFavorable
Also filed as: Hecox v. Little

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Docket

No. 1:20-cv-00184
Assigned to
David C. Nye
Cause
42:1983 Civil Rights Act
Nature of suit
950 Constitutional - State Statute
Jurisdiction
Federal Question
Jury demand
None
Date filed
2020-04-15
Last filing
2025-10-20
No. 20-35813
Nature of suit
3950 Constitutionality of State Statutes
Date filed
2020-09-17
Last filing
2026-06-30
Terminated
2024-06-07
No. 24-38
Date filed
2024-07-15

Proceedings

116 documents
Hecox v. Little, No. 1:20-cv-00184 (D. Idaho filed Apr. 15, 2020)
62 documents
Hecox v. Little, No. 20-35813 (9th Cir. filed Sept. 17, 2020)
Hecox v. Little, No. 20-35813 (9th Cir.)
Little v. Hecox, No. 24-38 (U.S. filed July 15, 2024)
The court's opinion, in full text on this site
Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023)

Timeline

  • 2020-04-15 Filed: idd, No. 1:20-cv-00184
  • 2020-09-17 Filed: 9th Cir., No. 20-35813
  • 2022-11-22 Oral argument, 9th Cir.
  • 2023-08-17 Opinion, 9th Cir.
  • 2024-06-07 Closed: 9th Cir., No. 20-35813
  • 2024-07-15 Filed: U.S. Supreme Court, No. 24-38
  • 2026-01-13 Oral argument, U.S. Supreme Court

Oral argument

2022-11-22 · 53 min · Panel: KLEINFELD, WARDLAW, GOULD
Oral Argument, Hecox v. Little, No. 20-35813 (9th Cir. Nov. 22, 2022)
2026-01-13 · 112 min
Oral Argument, Little v. Hecox, No. 24-38 (U.S. Jan. 13, 2026)

Experts who testified for the side defending the laws

From the finding aid, which covers only these experts.

Filings on file (181 in 138 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2020-04-15 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) Complaint 60 PDF CL
1-1 Cover Sheet 4 PDF CL
1-2 Summons Governor Brad Little 2 PDF CL
1-3 Summons Superintendent Sherri Ybarra 2 PDF CL
1-4 Summons State Board of Education members 2 PDF CL
1-5 Summons Boise State University 2 PDF CL
1-6 Summons Marlene Tromp 2 PDF CL
1-7 Summons Independent School District of Boise City #1 2 PDF CL
1-8 Summons Coby Dennis 2 PDF CL
1-9 Summons Board of Trustees of Independent School District of Boise City #1 m Summons Board of Trustees of Independent School District of 2 PDF CL
1-10 Summons Idaho Code Commission members 2 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 2 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 1 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 2 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 1 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 1 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 2 PDF CL
2020-04-15 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) Motion for Pro Hac Vice Appearance 1 PDF CL
2020-04-20 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) Waiver of Service Executed 1 PDF CL
2020-04-20 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) Litigation Order 3 PDF CL
2020-04-23 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) Notice of Appearance 3 PDF CL
2020-04-24 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) Notice of Assignment Setting Deadline 2 PDF CL
2020-04-28 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) Response to Motion 3 PDF CL
2020-04-28 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) Response to Motion 3 PDF CL
2020-04-3022Main document not on file
22-1 Memorandum in Support 30 PDF CL
22-3 Barr Declaration 12 PDF CL
2020-05-07 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) Litigation Order 2 PDF CL
2020-05-15 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) Stipulation 4 PDF CL
2020-05-18 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) Order 2 PDF CL
2020-05-26 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) Motion to Intervene 4 PDF CL
30-1 Memorandum in Support of Motion to Intervene 20 PDF CL
30-2 Exhibit A- Declaration of Madison Kenyon 8 PDF CL
30-3 Exhibit B- Declaration of Mary Marshall 6 PDF CL
30-4 Exhibit C- Intervenors' Answer to Verified Complaint 26 PDF CL
2020-06-01 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) Motion to Dismiss/Lack of Jurisdiction 4 PDF CL
40-1 Memorandum in Support Motion to Dismiss 15 PDF CL
2020-06-04 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) Response to Motion 71 PDF CL
2020-06-04 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) Motion for Leave to File 4 PDF CL
2020-06-05 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) Response to Motion 3 PDF CL
2020-06-08 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) Response to Motion 3 PDF CL
2020-06-09 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) Memorandum in Opposition to Motion 21 PDF CL
2020-06-0946Main document not on file
46-2 Exhibit B- Expert Affidavit of Dr. Stephen Levine 45 PDF CL
2020-06-12 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) Order on Motion for Miscellaneous Relief 3 PDF CL
2020-06-16 52 REPLY to Response to Motion re 30 MOTION to Intervene filed by Madison Kenyon, Mary Marshall.Motion Ripe Deadline set for 6/17/2020.(Skaug, Bruce) Reply to Response to Motion 12 PDF CL
2020-06-19 53 NOTICE by United States of Statement of Interest (Donnelly, Matthew) Notice (Other) 16 PDF CL
2020-06-22 55 RESPONSE to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Jane Doe, Lindsay Hecox. Replies due by 7/6/2020.(Eppink, Richard) Response to Motion 20 PDF CL
2020-06-25 57 SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re 46 Supplement, Attachment to Expert Affidavit of Stephen Levine, MD. (Brooks, Roger) Supplement 23
2020-06-29 58 REPLY to Response to Motion re 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox.Motion Ripe Deadline set for 6/30/2020. (Attachments: # 1 Supplemental Declaration of Adkins, # 2 Supplemental Declaration of Safer, # 3 Declaration of Turban)(Eppink, Richard) Reply to Response to Motion 25 PDF CL
58-2 Supplemental Declaration of Safer 10 PDF CL
58-3 Declaration of Turban 28 PDF CL
2020-07-06 59 REPLY to Response to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter 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.Motion Ripe Deadline set for 7/7/2020.(Reed, Dayton) Reply to Response to Motion 10 PDF CL
2020-07-22 61 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 7/22/2020 re 30 MOTION to Intervene filed by Mary Marshall, Madison Kenyon, 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox, and 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education. Motions taken under advisement. Written decision forthcoming. (Court Reporter: Anne Bowline.) (st) Motion Hearing 1 PDF CL
2020-08-17 63 MEMORANDUM DECISION AND ORDER - The Motion to Intervene (Dkt. 30 ) is GRANTED; The Motion to Dismiss (Dkt. 40 ) is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Plaintiffs facial Fourteenth Amendment constitutional challenges, it is DENIED with respect to Plaintiffs as-applied constitutional claims and in all other respects; The Motion for Preliminary Injunction (Dkt. 22 ) 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) Order on Motion for Preliminary Injunction 87 PDF CL
2020-09-16 64 NOTICE OF APPEAL 20-35813 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. Filing fee $ 505, receipt number 0976-2102074. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Zanzig, W) Modified on 9/21/2020, to add USCA case number (jd). Notice of Appeal 3 PDF CL
64-1 Representation Statement 7 PDF CL
2020-09-16 65 NOTICE OF APPEAL 20-35815 as to 63 Order on Motion for Preliminary Injunction, Order on Motion to Intervene, Order on Motion to Dismiss/Lack of Jurisdiction, by Madison Kenyon, Mary Marshall. Filing fee $ 505, receipt number 0976-2102144. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Brooks, Roger) Modified on 9/21/2020, to add USCA case number (jd). Notice of Appeal 4 PDF CL
2020-09-17 69 Notice of USCA 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon (Attachments: # 1 Mediation Questionnaire, # 2 Cover Letter, # 3 USCA Guide)(jd) (Entered: 09/21/2020) USCA Order 2 PDF CL
2021-03-09 74 MOTION to Lift Stay for Sole Purpose of Vacating Protective Order re 70 Order, 48 Order on Motion for Miscellaneous Relief, (Unopposed) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 3/30/2021 (Eppink, Richard) Motion for Miscellaneous Relief 4 PDF CL
2021-03-19 75 ORDER ON PLAINTIFFS' UNOPPOSED MOTION TO LIFT STAY FOR SOLE PURPOSE OF VACATING PROTECTIVE ORDER - Plaintiffs Motion to Lift Stay for the Sole Purpose of Vacating Protective Order (Dkt. 74 ) is GRANTED. The stay in this case (Dkt. 70 ) is lifted for the sole purpose of vacating the protective order (Dkt. 43 ), and the protective order is vacated. Afterwards, the stay is put back in place pending resolution of Defendants and Intervenors appeal of this Courts Order granting a preliminary injunction (Dkt. 63 ). 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) Order on Motion for Miscellaneous Relief 1 PDF CL
2021-05-05 77 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL - The Motion to Withdraw Appearance of Attorneys (Dkt. 73 ) 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) Order on Motion to Withdraw 2 PDF CL
2021-05-06 78 ORDER of USCA 20-35813 as to 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (jd) USCA Order 2 PDF CL
2021-06-24 79 ORDER of USCA 20-35813 as to 64 Notice of Appeal, REMANDED. (jd) (Entered: 06/25/2021) USCA Order 5 PDF CL
2021-07-27 80 ORDER LIFTING STAY - The stay in this case is lifted for the sole purpose of the remand proceedings. 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) Order Lifting Stay 2 PDF CL
2021-09-17 83 NOTICE of Appearance by Cory Michael Carone on behalf of All Defendants. (jd). Notice of Appearance 3 PDF CL
2021-10-15 92 STIPULATION Stipulated Facts in Response to Ninth Circuit Order Dated June 24, 2021 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. (Zanzig, W) Stipulation 11 PDF CL
2021-11-03 93 MOTION for Extension of Time to File Opening Mootness Brief (Unopposed) Richard Alan Eppink appearing for Plaintiff Lindsay Hecox. Responses due by 11/24/2021 (Eppink, Richard) Motion for Extension of Time to File 3 PDF CL
2021-11-04 94 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO EXTEND TIME TO FILE OPENING MOOTNESS BRIEF - Upon showing of good cause, Plaintiffs unopposed motion to extend by one week to November 12, 2021, the deadline to file the opening briefs addressing the Ninth Circuits June 24, 2021 remand order is GRANTED. The parties simultaneous opening briefs shall be due on November 12, 2021, and their simultaneous response briefs remain due on December 3, 2021. 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) Order on Motion for Extension of Time to File 1 PDF CL
2021-11-12 95 MEMORANDUM/BRIEF filed by Madison Kenyon, Mary Marshall . (Brooks, Roger) Memorandum/Brief (generic) 11 PDF CL
2021-11-12 96 MEMORANDUM/BRIEF re 86 Order,, 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 . (Zanzig, W) Memorandum/Brief (generic) 19 PDF CL
2021-11-12 97 MEMORANDUM/BRIEF re 94 Order on Motion for Extension of Time to File,, filed by Lindsay Hecox . (Attachments: # 1 Declaration of L. Hecox ISO Plaintiffs' Opening Brief, # 2 Exhibit 1 to Declaration of L. Hecox, # 3 Exhibit 2 to Declaration of L. Hecox, # 4 Exhibit 3 to Declaration of L. Hecox, # 5 Exhibit 4 to Declaration of L. Hecox, # 6 Exhibit 5 to Declaration of L. Hecox)(Hartnett, Kathleen) Memorandum/Brief (generic) 15 PDF CL
97-1 Declaration of L. Hecox ISO Plaintiffs' Opening Brief 8 PDF CL
97-2 Exhibit 1 to Declaration of L. Hecox 2 PDF CL
97-3 Exhibit 2 to Declaration of L. Hecox 3 PDF CL
97-4 Exhibit 3 to Declaration of L. Hecox 2 PDF CL
97-5 Exhibit 4 to Declaration of L. Hecox 2 PDF CL
97-6 Exhibit 5 to Declaration of L. Hecox 5 PDF CL
2021-12-03 98 MEMORANDUM/BRIEF 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, Madison Kenyon, Bradley Little, Marlene Tromp, Sherri Ybarra Mootness Response Brief. (Zanzig, W) Memorandum/Brief (generic) 11 PDF CL
2021-12-03 99 MEMORANDUM/BRIEF re 96 Memorandum/Brief (generic), filed by Jane Doe, Lindsay Hecox . (Attachments: # 1 Supplemental Declaration of L. Hecox, # 2 Declaration of Ellen Staurowsky)(Hartnett, Kathleen) Memorandum/Brief (generic) 16 PDF CL
99-1 Supplemental Declaration of L. Hecox 9 PDF CL
99-2 Declaration of Ellen Staurowsky 77 PDF CL
2022-04-13 102 STIPULATION re 101 Order,,,, Supplemental Stipulated Facts in Response to District Court Order Dated March 16, 2022 by Lindsay Hecox. (Hartnett, Kathleen) Stipulation 3 PDF CL
2022-04-14 103 NOTICE 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 of Withdrawal of Counsel (Carone, Cory) Notice (Other) 3 PDF CL
2022-07-07 104 STIPULATION of Dismissal of Boise School District Defendants 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. (Zanzig, W) Stipulation of Dismissal 4 PDF CL
2022-07-18 105 ORDER ON MOOTNESS ISSUE - Hecoxs claim is not moot; Pursuant to the Remand Order, the parties shall advise the Ninth Circuit of the instant decision within seven (7) days; The parties Stipulated Dismissal (Dkt. 104 ) is DENIED; This case is, once again, STAYED pending the Ninth Circuits resolution of the Defendants and Intervenors appeal of this Courts preliminary injunction order. 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) Order 25 PDF CL
2022-08-19 106 ORDER of USCA No. 20-35813 and 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon, 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (ac) USCA Order 2 PDF CL
2022-09-01 107 ORDER of USCA 20-35813 as to 64 Notice of Appeal - Intervenors-Appellants unopposed motion for a seven-day extension of time to file supplemental briefing (Dkt. 155) on the issue of mootness is GRANTED. By September 9, 2022, Intervenors-Appellants shall submit supplemental briefing addressing both standing and mootness of no more than 25 pages in length. By September 23, 2022, Plaintiffs-Appellees shall submit a reply brief of no more than 25 pages in length. (lm) (Entered: 09/02/2022) USCA Order 3 PDF CL
2022-09-13 108 ORDER of USCA 20-35813 and 20-35815 as to 65 Notice of Appeal and 64 Notice of Appeal, - Intervenors-Appellants motion to stay the supplemental briefing is DENIED. (jd) USCA Order 3 PDF CL
2022-10-05 109 NOTICE of Substitution - Attorney Aadika Jaspal Singh for Lindsay Hecox added. Attorney Richard Alan Eppink terminated. Request to Leave Noticing ON for this case by Attorney (Eppink, Richard) Notice of Substitution 3 PDF CL
2023-01-31 112 NOTICE of Appearance by Selim Aryn Star on behalf of All Plaintiffs (Star, Selim) Notice of Appearance 3 PDF CL
2023-01-30 113 ORDER of USCA ( USCA No. 20-35813) - All parties are directed to file supplemental letter briefs identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. The briefs shall be filed within 21 days of this Order and are not to exceed 5,000 words. IT IS SO ORDERED. (ac) (Entered: 01/31/2023) USCA Order 2 PDF CL
2023-01-30 114 MEMORANDUM of USCA ( USCA No. 20-35813) AFFIRMED. (ac) (Entered: 01/31/2023) USCA Memorandum 7 PDF CL
2023-02-19 115 NOTICE of Substitution - Attorney Selim Aryn Star for Jane Doe,Selim Aryn Star for Lindsay Hecox added. Attorney Aadika Jaspal Singh terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Singh, Aadika) Notice of Substitution 3 PDF CL
2023-08-17 118 OPINION of USCA ( USCA No. 20-35813 and USCA No. 20-35815). (ac) USCA Order 88 PDF CL
118 OPINION of USCA ( USCA No. 20-35813 and USCA No. 20-35815). (ac) Opinion 88
2023-09-07 119 ORDER of USCA 20-35813 and 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon, 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (jd) (Entered: 09/08/2023) USCA Order 2 PDF CL
2023-12-04 120 NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal of Counsel for Julie M. Veroff (Hartnett, Kathleen) Notice (Other) 3 PDF CL
2024-04-29 121 USCA ORDER ( USCA No. 20-35813 and USCA No. 20-35815) - "The opinions filed on August 17, 2023 (Dkt. No. 218), published at Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023), are withdrawn in light of the Supreme Courts decision in Labrador v. Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024). An amended opinion will follow in due course. IT IS SO ORDERED. "(ac) USCA Order 4 PDF CL
2024-06-10 122 Amended Opinion of USCA ( USCA No. 20-35813) "AFFIRMED IN PART; VACATED IN PART; REMANDED. " (ac) USCA Order 57 PDF CL
2024-06-11 123 ORDER of USCA ( USCA No.20-35813) "In light of the amended opinion filed on June 7, 2024 (Dkt. No. 251), the petitions for rehearing en banc (Dkt. Nos. 219 and 220) are DENIED as moot. The parties may file new petitions for panel rehearing or rehearing en banc in accordance with Federal Rules of Appellate Procedure 35(c) and 40(a)(1). IT IS SO ORDERED. " (ac) USCA Order 3 PDF CL
2024-06-14 124 AMENDED OPINION USCA ( USCA No. 20-35813) "AFFIRMED IN PART; VACATED IN PART;REMANDED. " (Attachments: # 1 WebCite document)(ac) (Entered: 06/18/2024) Opinion 58
124 AMENDED OPINION USCA ( USCA No. 20-35813) "AFFIRMED IN PART; VACATED IN PART;REMANDED. " (Attachments: # 1 WebCite document)(ac) (Entered: 06/18/2024) USCA Order 58 PDF CL
124-1 WebCite document 34 PDF CL
2024-07-01 126 ORDER of USCA ( USCA No.20-35813) The mandate issued on July 01, 2024 is recalled as issued in error. (ac) (Entered: 07/02/2024) USCA Order 2 PDF CL
2024-08-19 132 Joint MOTION for Extension of Time to File Stipulation and Notice for Dkt. 131 Brian V Church 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 9/9/2024 (Church, Brian) Motion for Extension of Time to File 4 PDF CL
2024-08-21 135 Joint MOTION Stipulation to Dismiss Jane Doe's Claims, to Dismiss Boise School District Defendants, to Dismiss Intervenors, to Modify Preliminary Injunction, and to Stay Proceedings Brian V Church 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 9/11/2024 (Church, Brian) Motion for Miscellaneous Relief 14 PDF CL
2024-08-22 136 NOTICE by Jane Doe, Lindsay Hecox Withdrawal of Counsel for Plaintiffs (Dina Flores-Brewer) (Southwick, Paul) Notice (Other) 2 PDF CL
2024-08-22 137 ORDER RE: JANE DOE, BOISE SCHOOL DISTRICT DEFENDANTS, INTERVENORS, PRELIMINARYINJUNCTION, STAY OF PROCEEDINGS AND CAPTION - The Court enters the following order: The Stipulation (Dkt. 135) 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 (ac) Order on Motion for Miscellaneous Relief 5 PDF CL
2024-08-22 138 ORDER MODIFYING PRELIMINARY INJUNCTION - The Courts preliminary injunction (Dkt. 63 at 87 ) is MODIFIED as follows, and the following preliminary injunction is now entered: With respect to Plaintiff Lindsay Hecox, and only as to Plaintiff Lindsay Hecox; Defendants Governor Little, the Individual Members of the State Board of Education, and Boise State University President Tromp; as well as their officers, agents, employees, attorneys, and any person who is in active concert or participation with them; are preliminarily enjoined from enforcing the Fairness in Womens Sports Act, Idaho Code §§ 33-6201 through 33-6206, H.B. 500 (2020); This preliminary injunction shall remain in effect until this Court issues an order modifying or dissolving it, or until entry of a final judgment in this case as to Defendants Governor Little, the Individual Members of the State Board of Education, and Boise State University President Tromp, but not later than entry of a final judgment in this case as to Defendants Governor Little, the Individual Members of the State Board of Education, and Boise State University President Tromp. IT IS SO ORDERED. 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 (ac) Order 2 PDF CL
2025-09-02 141 NOTICE of Voluntary Dismissal by Lindsay Hecox (Hartnett, Kathleen) Modified on 10/14/2025 (lm). Notice of Voluntary Dismissal 3 PDF CL
2025-09-08 147 MOTION to Strike 141 Notice of Voluntary Dismissal Defendants' Motion to Strike Purported Notice of Dismissal James Edward Monroe Craig appearing for Defendants Boise State University, Debbie Critchfield, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp. Responses due by 9/29/2025 (Craig, James) Motion to Strike 16 PDF CL
2025-09-12 149 SUPPLEMENT by Defendants Boise State University, Debbie Critchfield, 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, Intervenor Defendants Madison Kenyon, Mary Marshall re 147 MOTION to Strike 141 Notice of Voluntary Dismissal Defendants' Motion to Strike Purported Notice of Dismissal . (Bursch, John) Supplement 1 PDF CL
2025-09-15 150 RESPONSE to Motion re 147 MOTION to Strike 141 Notice of Voluntary Dismissal Defendants' Motion to Strike Purported Notice of Dismissal filed by Lindsay Hecox. Replies due by 9/29/2025.(Hartnett, Kathleen) Response to Motion 17 PDF CL
2025-09-22 152 REPLY to Response to Motion re 147 MOTION to Strike 141 Notice of Voluntary Dismissal Defendants' Motion to Strike Purported Notice of Dismissal filed by Boise State University, Debbie Critchfield, 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.Motion Ripe Deadline set for 9/23/2025. (Attachments: # 1 Exhibit 1)(Hurst, Alan) Reply to Response to Motion 13 PDF CL
152-1 Exhibit 1 Exhibit 34 PDF CL
2025-10-14 153 MEMORANDUM DECISION AND ORDER - Little's Motion to Strike (Dkt. 147 ) is GRANTED. Hecox's Notice of Voluntary Dismissal (Dkt. 141 ) is STRICKEN.This case remains active and pending. 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 (ac) Order on Motion to Strike 12 PDF CL
2025-10-20 154 NOTICE of the U.S. Supreme Court Case Number,24-38 re: USCA Case No. 20-35813, 20-35815 (ac) (Entered: 10/21/2025) Notice (Other) 1 PDF CL
2020-11-19 42 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of Nebraska, Alabama, Alaska, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Texas, and West Virginia. Date of service: 11/19/2020. [11899163] [20-35813, 20-35815] (Campbell, James) [Entered: 11/19/2020 11:06 AM] 40 PDF CL
2020-12-21 71 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Women's Law Center, Lawyers' Committee for Civil Rights Under Law and 60 Additional Organizations. Date of service: 12/21/2020. [11934138] [20-35813, 20-35815] (Ellsworth, Jessica) [Entered: 12/21/2020 07:49 AM] 42 PDF CL
2020-12-21 75 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Academy of Pediatrics, American Medical Association, American Psychiatric Association, and ten (10) additional amici.. Date of service: 12/21/2020. [11934680] [20-35813, 20-35815] (Wilkens, Scott) [Entered: 12/21/2020 11:04 AM] 47 PDF CL
2020-12-22 88 Filed clerk order: The amicus brief [75] submitted by American Academy of Pediatrics, American Medical Association, American Psychiatric Association, and 10 Additional Health Care Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11936928] [20-35813, 20-35815] (LA) [Entered: 12/22/2020 01:15 PM] 2 PDF CL
2020-12-21 93 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defenders and the National Center for Lesbian Rights. Date of service: 12/22/2020. [11937404] [20-35813, 20-35815]--[COURT UPDATE: Backdated entry to reflect original submission date. 12/22/2020 by LA] (Manning, Susan) [Entered: 12/22/2020 03:56 PM] 27 PDF CL
2021-06-24 143 Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD): This case is remanded to the district court for the limited purpose of determining whether Lindsay Hecox’s claim is moot in light of her changed enrollment status at Boise State University (BSU). We cannot maintain jurisdiction over a case “where no actual or live controversy exists.” Foster v. Carson, 347 F.3d 742, 745 (9th Cir. 2003) (citation omitted). However, because “[i]t is no small matter to deprive a litigant of the rewards of its efforts,” we dismiss a case for mootness “only if it [is] absolutely clear that the litigant no longer ha[s] any need of the judicial protection” sought. United States v. Larson, 302 F.3d 1016, 1020 (9th Cir. 2002) (emphasis added) (quoting Adarand Constructors, Inc. v. Slater, 528 U.S. 216, 224 (2000) (per curiam)). Hecox is not currently enrolled at BSU, but declared she plans to re-enroll in January 2022, after achieving in-state residency. Whether an actual case or controversy remains in these circumstances is a close question. Compare Jacobs, 420 U.S. 128, 129 (case moot where students graduated) and Fox v. Bd. of Trustees of State Univ. of New York, 42 F.3d 135, 137, 142–43 (2d Cir. 1994) (case moot where students no longer attending and could not show they were actually planning or able to return) with Clark v. City of Lakewood, 259 F.3d 996, 1006, 1011–12 (9th Cir. 2001), as amended (Aug. 15, 2001) (case not moot even where business was not currently operating, because of expressed intent to re-start operation in the future). The post-argument briefing and declarations by the parties on the question of mootness failed to resolve the issue, and served only to raise further questions. There are currently too many open factual questions to determine “cautiously and with care,” Larson, 302 F.3d at 1020, whether we can grant Hecox “any effectual relief whatever,” Church of Scientology of California v. United States, 506 U.S. 9, 12 (1992) (citation omitted). In particular, it is essential to know whether Hecox would be eligible to play for BSU if she re-enrolled and made the team. In a May 12, 2021, declaration, Hecox asserted, without explanation or support, that she remains eligible to play under NCAA rules. The Defendants argue, based on their interpretation of the NCAA rules, that Hecox is not eligible because she did not take enough credits in her first two years at BSU. Neither side provided evidence regarding how the NCAA rules apply in Hecox’s specific situation. For instance, does the fact that she withdrew from classes before the deadline to drop classes impact her status for NCAA eligibility purposes? Has the NCAA created any COVID-related exceptions to its requirements that apply to Hecox? It would be best to hear from a school administrator, NCAA representative, or other authority on NCAA eligibility. The mootness analysis would also be aided by more information regarding the BSU re-enrollment process, the steps Hecox has taken toward re-enrollment, and the availability of BSU women’s sports outside of NCAA teams. Is Hecox still an admitted student who can re-enroll at BSU whenever she desires, or are there barriers to re-enrollment? Does she have evidence of savings, discussions with administrators, or anything else that shows a concrete plan to re-enroll? That Hecox dropped out of BSU within a week of not making the track or cross-country teams is also troubling. It would be useful to know what the Fall 2020 deadline for dropping classes was, and the penalty for dropping out after that deadline. And if Hecox is not eligible to play on the NCAA teams or does not make those teams, are there BSU women’s club teams that she plans to join instead? We are not well positioned to answer these questions, or any other issues of fact regarding Hecox’s enrollment status or NCAA eligibility. We remand so that the district court can develop the record, resolve any factual disputes, and apply the required caution and care to the initial mootness determination. See Larson, 302 F.3d at 1020. This court otherwise retains jurisdiction over this appeal. Submission of this case is vacated, and further proceedings are held in abeyance pending the district court’s decision on the remanded issue. The parties shall advise this court within seven (7) days of the district court’s decision. See FRAP 12.1(b). IT IS SO ORDERED. [12153687] [20-35813, 20-35815] (AF) [Entered: 06/24/2021 02:53 PM] 5 PDF CL
2022-01-07 144 Filed (ECF) Amicus Curiae Women's Human Rights Campaign - USA in 20-35813, 20-35815 Correspondence: This is a Notice of Name Change and Email Address for Amicus. As of January 1, 2022, the entity that was known as the Women's Human Rights Campaign USA is operating as Women's Declaration International USA. It has updated its email address as appropriate.. Date of service: 01/07/2022 [12334525] [20-35813, 20-35815] (Dansky, Kara) [Entered: 01/07/2022 01:58 PM] 2 PDF CL
2023-01-13 187 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 01/13/2023. [12629879] [20-35813, 20-35815] (Barnett, Cody) [Entered: 01/13/2023 08:13 AM] 4 PDF CL
2023-01-27 188 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [189]. Original Text: Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 Correspondence: Response to citation of supplemental authorities. Date of service: 01/27/2023 [12640867] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 01/27/2023 02:06 PM] 2 PDF CL
2023-01-27 189 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813 citation of supplemental authorities. Date of service: 01/27/2023. [12640967] [20-35813, 20-35815]--[COURT ENTERED FILING to correct entry [188].] (SLM) [Entered: 01/27/2023 02:47 PM] 2 PDF CL
2023-01-30 190 FILED MEMORANDUM (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD) Hecox filed a motion to supplement the record on appeal with a declaration (Dkt. 164). “Save in unusual circumstances, we consider only the district court record on appeal.” Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th Cir. 2003). However, “[c]onsideration of new facts may even be mandatory. . . when developments render a controversy moot and thus divest us of jurisdiction.” Id. As the facts in Hecox’s declaration bear directly on the question of mootness, we grant her motion to supplement the record on appeal. AFFIRMED. [12641754] [20-35813, 20-35815] (EHC) [Entered: 01/30/2023 11:02 AM] 7 PDF CL
2023-01-30 191 Filed order (ANDREW J. KLEINFELD, KIM MCLANE WARDLAW and RONALD M. GOULD) All parties are directed to file supplemental letter briefs identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. The briefs shall be filed within 21 days of this Order and are not to exceed 5,000 words. IT IS SO ORDERED. [12641848] [20-35813, 20-35815] (WL) [Entered: 01/30/2023 11:38 AM] 2 PDF CL
2023-02-21 194 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [197]. Original Text: Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 Correspondence: Supplemental letter brief identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims. Date of service: 02/21/2023 [12657613] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 02/21/2023 03:11 PM] 15 PDF CL
2023-02-21 195 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [198]. Original Text: Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 Correspondence: Supplemental letter brief identifying the claims that remain for decision in the appeal and citing any legal authority issued since May 2021 that bears on those claims.. Date of service: 02/21/2023 [12657830] [20-35813, 20-35815] (Barnett, Cody) [Entered: 02/21/2023 04:09 PM] 21 PDF CL
2023-02-21 196 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [201]. Original Text: Filed (ECF) Appellants Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 Correspondence: Supplemental letter brief identifying the claims that remain for decision in this appeal and citing any legal authority issued since May 2021 that bears on those claims.. Date of service: 02/21/2023 [12657836] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 02/21/2023 04:11 PM] 27 PDF CL
2023-02-21 198 Submitted (ECF) Letter Brief for review. Submitted by Appellants Madison Kenyon and Mary Marshall in 20-35815. Date of service: 02/21/2023. [12658300] [20-35813, 20-35815]--[COURT ENTERED FILING to correct entry [195].] (KT) [Entered: 02/22/2023 09:45 AM] 21 PDF CL
2023-02-22 199 Filed clerk order: The letter brief [197] submitted by Lindsay Hecox is filed. No paper copies are required at this time. [12658304] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 09:47 AM] 1 PDF CL
2023-02-22 200 Filed clerk order: The letter brief [198] submitted by Madison Kenyon and Mary Marshall is filed. No paper copies are required at this time. [12658307] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 09:49 AM] 1 PDF CL
2023-02-21 201 Submitted (ECF) Letter Brief for review. Submitted by Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813. Date of service: 02/21/2023. [12658372] [20-35813, 20-35815]--[COURT ENTERED FILING to correct entry [196].] (KT) [Entered: 02/22/2023 10:17 AM] 28 PDF CL
2023-02-22 202 Filed clerk order: The letter brief [201] submitted by Boise State University, et al. is filed. No paper copies are required at this time. [12658376] [20-35813, 20-35815] (KT) [Entered: 02/22/2023 10:20 AM] 1 PDF CL
2023-02-28 203 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 02/28/2023. [12663788] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 02/28/2023 01:00 PM] 1 PDF CL
2023-03-02 204 Filed (ECF) Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 citation of supplemental authorities. Date of service: 03/02/2023. [12666146] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 03/02/2023 02:08 PM] 2 PDF CL
2023-03-31 207 Filed (ECF) Appellants Boise State University, Coby Dennis, Independent School District of Boise City, Individual Members of the Board of Trustees of the Independent School District of Boise City, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp and Sherri Ybarra in 20-35813 citation of supplemental authorities. Date of service: 03/31/2023. [12686712] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 03/31/2023 02:11 PM] 2 PDF CL
2023-04-06 210 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/06/2023. [12690197] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/06/2023 09:22 AM] 1 PDF CL
2023-04-12 211 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/12/2023. [12694147] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/12/2023 11:26 AM] 1 PDF CL
2023-07-31 216 Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 07/31/2023. [12765192] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 07/31/2023 02:54 PM] 28(j) Letter (Citation of Supplemental Authorities) 1 PDF CL
2023-08-14 217 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 08/14/2023. [12773847] [20-35813, 20-35815] (Schandevel, Christopher) [Entered: 08/14/2023 04:02 PM] 28(j) Letter (Citation of Supplemental Authorities) 2 PDF CL
2023-08-17218Main document not on file
218-1 FILED OPINION (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN) AFFIRMED. Opinion by Judge Wardlaw; Partial Concurrence and Partial Dissent by Judge Christen. FILED AND ENTERED JUDGMENT Opinion 88
218-1 Opinion 88 PDF CL
218-2 WebCite 34 PDF CL
218-3 Post Judgment Form 4 PDF CL
2023-08-31 219 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 petition for rehearing en banc (from 08/17/2023 opinion). Date of service: 08/31/2023 Opinion 148
219 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 petition for rehearing en banc (from 08/17/2023 opinion). Date of service: 08/31/2023. [12784694] [20-35813, 20-35815] (Bursch, John) [Entered: 08/31/2023 02:35 PM] Petition for Rehearing En Banc (FRAP 35 9th Cir. R. 35-1) 148 PDF CL
2023-08-31 220 Filed (ECF) Appellants Bradley Little, Sherri Ybarra, Individual Members of the State Board of Education, Boise State University, Marlene Tromp, Independent School District of Boise City, Coby Dennis and Individual Members of the Idaho Code Commission in 20-35813 petition for rehearing en banc (from 08/17/2023 opinion). Date of service: 08/31/2023. [12784928] [20-35813, 20-35815] (Wilson, Lincoln) [Entered: 08/31/2023 04:30 PM] Petition for Rehearing En Banc (FRAP 35 9th Cir. R. 35-1) 23 PDF CL
2023-09-07 223 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by America First Legal Foundation. Date of service: 09/07/2023 Amicus Brief 16
223 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by America First Legal Foundation. Date of service: 09/07/2023. [12788269] [20-35813, 20-35815] (Mitchell, Jonathan) [Entered: 09/07/2023 01:14 PM] Amicus Brief by Government or with Consent 16 PDF CL
2023-09-07 225 Filed clerk order: The amicus brief [223] submitted by America First Legal Foundation is filed. No paper copies are required at this time. [12788374] [20-35813, 20-35815] (LA) [Entered: 09/07/2023 02:44 PM] ECF Brief Filed NO PAPER COPIES 1 PDF CL
225 Filed clerk order: The amicus brief [223] submitted by America First Legal Foundation is filed. No paper copies are required at this time Amicus Brief 1
2023-09-07 228 Filed order (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN): Appellees are directed to file a response to Appellants’ petition for rehearing en banc (Dkt. [220]), filed on August 31, 2023, and Intervenors’ petition for rehearing en banc (Dkt. [219]), filed on August 31, 2023. The response shall not exceed fifteen (15) pages or 4,200 words and shall be filed within twenty-one (21) days of the date of this order. IT IS SO ORDERED. [12788403] [20-35813, 20-35815] (AF) [Entered: 09/07/2023 03:07 PM] Order Filed (From Chambers) 2 PDF CL
2023-09-28 233 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 response to Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing). Date of service: 09/28/2023. [12800720]. [20-35813, 20-35815] (Veroff, Julie) [Entered: 09/28/2023 02:22 PM] Answer or Response to Petition for Rehearing/En Banc 32 PDF CL
2023-10-27 236 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 10/27/2023. [12816537] [20-35813, 20-35815] (Barnett, Cody) [Entered: 10/27/2023 02:52 PM] 28(j) Letter (Citation of Supplemental Authorities) 79 PDF CL
236 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 10/27/2023 Filing 79
236 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 10/27/2023 Filing 79
236 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 10/27/2023 Filing 79
2023-11-06 237 Filed (ECF) Appellees Lindsay Hecox and Jane Doe in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 11/06/2023. [12820191] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 11/06/2023 12:30 PM] 28(j) Letter (Citation of Supplemental Authorities) 2 PDF CL
2024-04-22 244 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 04/22/2024 Filing 38
244 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 04/22/2024. [12878895] [20-35813, 20-35815] (Schandevel, Christopher) [Entered: 04/22/2024 11:20 AM] 28(j) Letter (Citation of Supplemental Authorities) 38 PDF CL
2024-04-29 245 Filed Order for PUBLICATION (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN) The opinions filed on August 17, 2023 (Dkt. No. 218), published at Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023), are withdrawn in light of the Supreme Court’s decision in Labrador v. Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024). An amended opinion will follow in due course. IT IS SO ORDERED. [12880943] [20-35813, 20-35815] (AH) [Entered: 04/29/2024 09:23 AM] Order Withdrawing Opinion (Non Dispositive) 4 PDF CL
2024-04-29 246 Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/29/2024. [12881308] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/29/2024 08:21 PM] 28(j) Letter (Citation of Supplemental Authorities) 2 PDF CL
2024-04-29 247 Filed (ECF) Appellee Lindsay Hecox in 20-35813, 20-35815 citation of supplemental authorities. Date of service: 04/29/2024. [12881309] [20-35813, 20-35815] (Hartnett, Kathleen) [Entered: 04/29/2024 08:23 PM] 28(j) Letter (Citation of Supplemental Authorities) 2 PDF CL
2024-05-23 248 Filed (ECF) Appellants Madison Kenyon and Mary Marshall in 20-35815 citation of supplemental authorities. Date of service: 05/23/2024. [12886840] [20-35813, 20-35815] (Barnett, Cody) [Entered: 05/23/2024 10:30 AM] 28(j) Letter (Citation of Supplemental Authorities) 3 PDF CL
2024-06-07 251 Filed amended opinion (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN) AFFIRMED IN PART; VACATED IN PART; REMANDED. Opinion by Judge Wardlaw. [12890306] [20-35813, 20-35815] (AH) [Entered: 06/07/2024 02:44 PM] Amended Opinion Filed 57 PDF CL
2024-06-10 252 Filed order (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN) In light of the amended opinion filed on June 7, 2024 (Dkt. No. [251]), the petitions for rehearing en banc (Dkt. Nos. [219] and [220]) are DENIED as moot. The parties may file new petitions for panel rehearing or rehearing en banc in accordance with Federal Rules of Appellate Procedure 35(c) and 40(a)(1). IT IS SO ORDERED [12890771] [20-35813, 20-35815] (WL) [Entered: 06/10/2024 05:01 PM] Order Filed (From Chambers) 3 PDF CL
2024-06-14253Main document not on file
253-1 UPDATED AMENDED OPINION RE: [251] (KIM MCLANE WARDLAW, RONALD M. GOULD and MORGAN B. CHRISTEN). Attached formatted slip opinion Opinion 58
253-1 Amended Opinion 58 PDF CL
2024-07-01 254 MANDATE ISSUED.(KMW, RMG and MBC) [12894433] [20-35813, 20-35815] (HH) [Entered: 07/01/2024 09:48 AM] Mandate Issued 2 PDF CL
2024-07-01 255 Filed clerk order (Deputy Clerk: MCD): The mandate issued on July 1, 2024, is recalled as issued in error. [12894443] [20-35813, 20-35815] (HH) [Entered: 07/01/2024 10:07 AM] Order Recalling Mandate 2 PDF CL
2024-07-08 256 MANDATE ISSUED.(KMW, RMG and MBC) [12895570] [20-35813, 20-35815] (HH) [Entered: 07/08/2024 10:57 AM] Mandate Issued 2 PDF CL
2024-07-17 257 Supreme Court Case Info Case number: 24-38 Filed on: 07/11/2024 Cert Petition Action 1: Pending [12897448] [20-35813, 20-35815] (RL) [Entered: 07/17/2024 10:51 AM] Supreme Court Certiorari Case Information 1 PDF CL
2025-07-07 258 Supreme Court Case Info Case number: 24-38 Filed on: 07/11/2024 Cert Petition Action 1: Granted, 07/03/2025 [12933318] [20-35813, 20-35815] (RL) [Entered: 07/07/2025 09:03 AM] Supreme Court Certiorari Case Information 1 PDF CL
2025-10-20 259 Received letter from the Supreme Court dated 10/20/2025. Respondent's request that the Court dismiss the case as moot is deferred pending oral argument. See Acheson Hotels, LLC v. Laufer, 601 U. S. 1, 4 (2023). [12940810] [20-35813, 20-35815] (QDL) [Entered: 10/20/2025 02:34 PM] Supreme Court Letter Received 1 PDF CL
2026-06-30 260 Supreme Court Case Info Case number: 24-38 Filed on: 07/11/2024 Cert Petition Action 1: Granted, 07/03/2025 Ruling: Reversed/Remanded, 06/30/2026 [12954988] [20-35813, 20-35815] --[Edited: Attached PDF. 07/01/2026 by TYL] (RL) [Entered: 06/30/2026 11:01 AM] Supreme Court Certiorari Case Information 1 PDF CL
2025-12-08 1 COMPLAINT for Declaratory and Injunctive Relief against Bois Complaint 60
1 COMPLAINT for Declaratory and Injunctive Relief against Bois Complaint 60
2023-08-17 Document PDF CL