Sexuality and Gender Alliance v. Critchfield, et al.

Court
9th Cir.
Docket number
25-5036
Filed
Last filing
Case
Sexuality and Gender Alliance v. Critchfield
Cite
Sexuality & Gender Alliance v. Critchfield, No. 25-5036 (9th Cir. filed Aug. 11, 2025)
Source
Docket on CourtListener(opens another site)

The 5 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00315-DCN has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-5036 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct.  It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for attorneys and pro se litigants) and review the Appellate Practice Guide. Attorneys should consider contacting the court's Appellate Mentoring Program for help with the brief and argument. [Entered: 08/11/2025 09:32 AM]Open(opens another site)
2PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 8/18/2025, Preliminary Injunction Opening Brief Due (Appellant) 9/8/2025, Preliminary Injunction Answering Brief Due (Appellee) 10/6/2025. For appeal no. 25-5036, 1:23-cv-00315-DCN.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/11/2025 09:35 AM]Open(opens another site)
3Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Sexuality and Gender Alliance. [Entered: 08/11/2025 11:24 AM]Open(opens another site)
4MOTION for Injunctive Relief filed by Appellant Sexuality and Gender Alliance. [Entered: 08/11/2025 11:37 AM]Open(opens another site)
5NOTICE OF APPEARANCE by Alan M. Hurst for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/11/2025 12:55 PM]Open(opens another site)
6NOTICE OF APPEARANCE by Michael Adam Zarian for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/11/2025 01:03 PM]Open(opens another site)
7ADDED Counsel for Appellee David J. Myers [Entered: 08/11/2025 01:32 PM]Open(opens another site)
8ADDED Counsel for Appellee Alan M. Hurst [Entered: 08/11/2025 04:17 PM]Open(opens another site)
9ADDED Counsel for Appellee Michael Adam Zarian [Entered: 08/11/2025 04:24 PM]Open(opens another site)
10RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. [Entered: 08/11/2025 11:09 PM]Open(opens another site)
11CITATION of Supplemental Authorities (28j Letter) filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. [Entered: 08/12/2025 09:55 AM]Open(opens another site)
12NOTICE OF APPEARANCE by John J. Bursch for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/12/2025 10:58 AM]Open(opens another site)
13NOTICE OF APPEARANCE by Mathew Hoffmann for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/12/2025 11:03 AM]Open(opens another site)
14REPLY to Response to Motion for Injunctive Relief (DE 10) filed by Appellant Sexuality and Gender Alliance. [Entered: 08/12/2025 11:45 AM]Open(opens another site)
15ADDED Counsel for Appellee John J. Bursch [Entered: 08/12/2025 02:31 PM]Open(opens another site)
16ADDED Counsel for Appellee Mathew Hoffmann [Entered: 08/12/2025 02:36 PM]Open(opens another site)
17ORDER FILED. Plaintiff-Appellant’s motion for temporary administrative relief pending resolution of its emergency motion for injunction pending appeal is DENIED. Defendants-Appellees are ordered to respond to Plaintiff-Appellant’s emergency motion for an injunction pending appeal on or before August 21, 2025. Plaintiff-Appellant shall file any reply on or before August 28, 2025. [Entered: 08/12/2025 04:35 PM]Open(opens another site)
18MEDIATION QUESTIONNAIRE filed by Appellant Sexuality and Gender Alliance. To submit pertinent confidential information directly to the Circuit Mediators, please email [email address removed] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 08/18/2025 03:13 PM]Open(opens another site)
19NOTICE OF APPEARANCE by Natalie Thompson for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/19/2025 10:31 AM]Open(opens another site)
20ADDED Counsel for Appellee Natalie Thompson [Entered: 08/19/2025 12:11 PM]Open(opens another site)
21NOTICE OF APPEARANCE by A.D. Sean Lewis for Appellant Sexuality and Gender Alliance. [Entered: 08/19/2025 01:22 PM]Open(opens another site)
22ADDED Counsel for Appellant A.D. Sean Lewis [Entered: 08/19/2025 03:10 PM]Open(opens another site)
23RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 08/19/2025 03:50 PM]Open(opens another site)
24NOTICE OF APPEARANCE by Gader Wren for Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 08/21/2025 07:24 AM]Open(opens another site)
25ADDED Counsel for Appellee Gader Wren [Entered: 08/21/2025 08:13 AM]Open(opens another site)
26RESPONSE to Order - Call for Response to Filing (DE 17) filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. [Entered: 08/21/2025 06:37 PM]Open(opens another site)
27RESPONSE to Order - Call for Response to Filing (DE 17) filed by Appellee Independent School District of Boise City #1. [Entered: 08/21/2025 06:40 PM]Open(opens another site)
28DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Sexuality and Gender Alliance. [Entered: 08/23/2025 12:22 PM]Open(opens another site)
29MOTION to Extend Time to File Brief filed by Appellant Sexuality and Gender Alliance. [Entered: 08/27/2025 03:02 PM]Open(opens another site)
30REPLY to Response to Court Order (DE 26) filed by Appellant Sexuality and Gender Alliance. [Entered: 08/28/2025 03:05 PM]Open(opens another site)
31TEXT CLERK ORDER. Appellant Sexuality and Gender Alliance's Motion to Extend Time to File the Opening Brief (DE 29) is granted. The opening brief is due 09/23/2025. The answering brief is due 10/21/2025. The optional reply brief is due within 21 days of service of the answering brief. [Entered: 08/29/2025 01:35 PM]Open(opens another site)
32NOTICE OF ORAL ARGUMENT on Wednesday, October 1, 2025 - 11:00 A.M. - Courtroom 2 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-5036] [Entered: 09/04/2025 12:01 PM]Open(opens another site)
33ACKNOWLEDGMENT of hearing notice filed by Alan M. Hurst for Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/1/2025 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 09/04/2025 12:20 PM]Open(opens another site)
34ACKNOWLEDGMENT of hearing notice filed by Kell L. Olson for Appellant Sexuality and Gender Alliance. Hearing in San Francisco - Courtroom 2 in San Francisco, on 10/1/2025 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 09/04/2025 02:14 PM]Open(opens another site)
35NOTICE OF APPEARANCE by Kell L. Olson for Appellant Sexuality and Gender Alliance. [Entered: 09/09/2025 03:36 PM]Open(opens another site)
36MOTION to Extend Time to File Brief filed by Appellant Sexuality and Gender Alliance. [Entered: 09/11/2025 03:39 PM]Open(opens another site)
37TEXT CLERK ORDER. Appellant’s second motion (Dkt. 36) for extension of time to file an opening brief until 28 days after this Court resolves the motion for an injunction pending appeal is granted. [Entered: 09/12/2025 02:40 PM]Open(opens another site)
38LETTER BRIEF submitted for filing by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts.--[COURT UPDATE: Corrected PDF attached as of 10/2/2025, REPLACING original attachment] [Entered: 10/02/2025 07:34 AM] [Edited: 10/02/2025 02:49 PM]Open(opens another site)
39Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. [Entered: 10/02/2025 01:24 PM]Open(opens another site)
40MOTION to File Supplemental Brief filed by Appellee Debbie Critchfield, Appellee Idaho State Board of Education, Appellee Linda Clark, Appellee William G. Gilbert, Jr., Appellee David Hill, Appellee Shawn Keough, Appellee Kurt Liebich, Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Independent School District of Boise City #1, Appellee Dave Wagers, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Elizabeth Langley, Appellee Krista Hasler, Appellee Debbie Donovan, Appellee Lisa Roberts. [Entered: 10/02/2025 01:25 PM]Open(opens another site)
41ORDER FILED. Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT Appellee’s motion for leave to file a supplemental letter (Dkt. No. 40) is GRANTED. IT IS SO ORDERED. [Entered: 10/10/2025 03:53 PM]Open(opens another site)
42CLERK ACTION: Letter Brief submitted at DE 38 by Appellees is filed. No paper copies are required. [Entered: 10/10/2025 04:20 PM]Open(opens another site)
43ORDER FILED. Kim McLane WARDLAW, Morgan B. CHRISTEN, Mark J. BENNETT Plaintiff Sexuality and Gender Alliance (SAGA) moves, pending appeal, for an order enjoining the enforcement of Senate Bill 1100 (S.B. 1100) against its members at Boise High School.1 The panel heard oral argument on SAGA’s motion on October 1, 2025. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1)... On the present record, we are unable to ascertain the adequacy of the alternative, single-occupancy restrooms both in terms of accessibility and in terms of their ability to mitigate the psychological harm associated with requiring transgender students to use multi-occupancy restrooms that do not align with their gender identity or from being outed as a result of using single-occupancy facilities. Nor does the record address whether any students at Boise High School have sought and received reasonable accommodation pursuant to S.B. 1100 now that it is in effect. See Idaho Code Ann. § 33-6705. Therefore, we remand this matter to the district court for limited fact-finding. Specifically, the district court shall determine the following: • How many students attend Boise High School, how many SAGA members attend Boise High School, and how many SAGA members are transgender? • Now that S.B. 1100 has taken effect, has any student at Boise High School provided to the school a “written request for reasonable accommodation” pursuant to Idaho Code Ann. § 33-6705? Has any SAGA member provided such a request? • Has Boise High School provided an accommodation to any student in accordance with Idaho Code Ann. § 33-6705? If so, what accommodation(s) has the school provided? • Are cisgender students using the single-occupancy restrooms? Are SAGA members using the single-occupancy restrooms? • Have SAGA members or other students who attempt to use single-occupancy restrooms had to wait to do so? Have any of those students been late to class as a result? If so, have those tardies been excused? • Are classes held in the Frank Church building? How many minutes does it take to walk from a class in the Frank Church building to a single-occupancy restroom? • Do students need prior approval and/or need to be admitted to the single-occupancy restrooms by a faculty member or other staff member? Is a keycard necessary? If so, how is it determined who gets a keycard? • Do the boys’ restrooms at Boise High School have dividers or privacy partitions between the urinals?  • Have SAGA members reported experiencing psychological distress when using single-occupancy restrooms or multi-occupancy restrooms that do not align with their gender identity? • Have SAGA members reported bullying or stigmatization from using single-occupancy restrooms or multi-occupancy restrooms that do not align with their gender identity? • Has the use of single-occupancy restrooms caused the involuntary disclosure of a SAGA member’s transgender status? • Have SAGA members opted to use multi-occupancy restrooms that do not align with their gender identity, rather than the single-occupancy restrooms? The parties shall promptly notify the Clerk of this court when the district court has made the findings identified in this order. Subject to this limited remand, we retain jurisdiction over this appeal. See Cel-A-Pak v. Cal. Agric. Labor Relations Bd., 680 F.2d 664, 668 (9th Cir. 1982) (noting the “power to retain appellate jurisdiction and order a limited remand”). We stay further proceedings in this court pending resolution of this remand in the district court. REMANDED for further proceedings consistent with this order. (SEE ORDER FOR FULL TEXT) [Entered: 10/14/2025 04:47 PM]Open(opens another site)
44NOTICE of Withdrawal as Counsel filed by Alan M. Hurst. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 01/26/2026 01:59 PM]Open(opens another site)
45TERMINATED participation of Counsel for Appellee Alan M. Hurst, representing Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 01/27/2026 12:33 PM]Open(opens another site)
46NOTICE of Withdrawal as Counsel filed by Paul Elliott Martin. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 02/11/2026 11:46 AM]Open(opens another site)
47TERMINATED participation of Counsel for Appellant Paul Elliott Martin, representing Appellant Sexuality and Gender Alliance. [Entered: 02/11/2026 11:52 AM]Open(opens another site)
48NOTICE of Withdrawal as Counsel filed by Gader Wren. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 05/14/2026 12:45 PM]Open(opens another site)
49TERMINATED participation of Counsel for Appellee Gader Wren, representing Appellee Cally J. Roach, Appellee Cindy Siddoway, Appellee Dave Wagers, Appellee David Hill, Appellee Debbie Critchfield, Appellee Debbie Donovan, Appellee Elizabeth Langley, Appellee Idaho State Board of Education, Appellee Independent School District of Boise City #1, Appellee Krista Hasler, Appellee Kurt Liebich, Appellee Linda Clark, Appellee Lisa Roberts, Appellee Maria Greeley, Appellee Nancy Gregory, Appellee Shawn Keough, Appellee William G. Gilbert, Jr.. [Entered: 05/14/2026 01:03 PM]Open(opens another site)
50District Court Order/Notice Received. [Entered: 05/20/2026 10:29 AM]Open(opens another site)