Roe, et al. v. Petersen, et al.

Court
9th Cir.
Docket number
25-6980
Filed
Last filing
Case
Roe v. Johnston
Cite
Roe v. Petersen, No. 25-6980 (9th Cir. filed Nov. 4, 2025)
Source
Docket on CourtListener(opens another site)

The 3 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 4:20-cv-00484-JAS 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 25-6980 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: 11/04/2025 03:39 PM]Open(opens another site)
2SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/10/2025, Appeal Transcript Order Due (Appellant) 11/13/2025, Appeal Transcript Due (Appellant) 12/15/2025, Appeal Opening Brief Due (Appellant) 1/22/2026, Appeal Answering Brief Due (Appellee) 2/23/2026. For appeal no. 25-6980, 4:20-cv-00484-JAS. 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: 11/04/2025 03:41 PM]Open(opens another site)
3MEDIATION QUESTIONNAIRE filed by Appellant Warren Petersen, Appellant Steve Montenegro. 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: 11/10/2025 01:03 PM]Open(opens another site)
4NOTICE OF APPEARANCE by Kyle Wong for Appellee Carl Voe, Appellee Helen Roe, Appellee James Poe. [Entered: 01/16/2026 02:22 PM]Open(opens another site)
5ADDED Counsel for Appellee Kyle Wong [Entered: 01/16/2026 02:26 PM]Open(opens another site)
6MOTION to Consolidate filed by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [Entered: 01/16/2026 02:29 PM]Open(opens another site)
7Streamlined Request for Extension of Time to File Brief filed by Appellant Warren Petersen, Appellant Steve Montenegro. [Entered: 01/21/2026 10:51 AM]Open(opens another site)
8ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 2/23/2026, Answering Brief Due (Appellee) 3/25/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 01/21/2026 04:26 PM]Open(opens another site)
9ORDER FILED. The motion (Docket Entry No. 18 in 25-6970; Docket Entry No. 6 in 25-6980) to consolidate these appeals is granted. The orders (Docket Entry No. 16 in 25-6970; Docket Entry No. 8 in 25-6980) granting streamlined extensions of time to file a brief are vacated. To facilitate the placement of these appeals on the calendar for April 2026, the following briefing schedule will apply: The opening briefs are due February 13, 2026. The consolidated answering brief is due March 13, 2026. The optional reply briefs are due March 27, 2026. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). [25-6970, 25-6980] [Entered: 01/28/2026 10:55 AM]Open(opens another site)
10ADDED Appellee Deborah Johnston [Entered: 01/28/2026 11:24 AM]Open(opens another site)
11TERMINATED participation of Appellee Sheila Sjolander. [Entered: 01/28/2026 11:28 AM]Open(opens another site)
12NOTICE of Withdrawal as Counsel filed by Colin Matthew Proksel. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-6980, 25-6970] [Entered: 01/29/2026 10:52 AM]Open(opens another site)
13TERMINATED participation of Counsel for Appellee Colin Matthew Proksel, representing . [25-6970, 25-6980] [Entered: 01/29/2026 10:55 AM]Open(opens another site)
14NOTICE of Withdrawal as Counsel filed by Colin Matthew Proksel. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-6970, 25-6980] [Entered: 01/29/2026 10:55 AM]Open(opens another site)
15NOTICE OF ORAL ARGUMENT on Monday, April 13, 2026 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ 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. 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. [25-6970, 25-6980] [Entered: 02/08/2026 12:08 PM]Open(opens another site)
16NOTICE OF APPEARANCE by Timothy Edward Durkin Horley for Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/12/2026 12:44 PM]Open(opens another site)
17ADDED Counsel for Appellant Timothy Edward Durkin Horley [25-6970, 25-6980] [Entered: 02/12/2026 12:56 PM]Open(opens another site)
18OPENING BRIEF submitted for filing by Appellant Warren Petersen, Appellant Steve Montenegro. [25-6980, 25-6970] [Entered: 02/13/2026 01:46 PM]Open(opens another site)
19EXCERPTS OF RECORD submitted for filing by Appellant Warren Petersen, Appellant Steve Montenegro. [25-6980, 25-6970] [Entered: 02/13/2026 01:52 PM]Open(opens another site)
20OPENING BRIEF submitted for filing by Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/13/2026 02:05 PM]Open(opens another site)
21EXCERPTS OF RECORD submitted for filing by Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/13/2026 02:39 PM]Open(opens another site)
22CLERK ACTION: Opening Brief submitted at DE 18 and Excerpts of Record at DE 28 by Appellants Warren Petersen and Steve Montenegro are filed. No paper copies are required. [25-6970, 25-6980] [Entered: 02/13/2026 03:02 PM]Open(opens another site)
23CLERK ACTION: Opening Brief submitted at DE 20 and Excerpts of Record at DE 30 by Appellant Deborah Johnston are filed. No paper copies are required. [25-6970, 25-6980] [Entered: 02/13/2026 03:03 PM]Open(opens another site)
24NOTICE OF APPEARANCE by Kelly Jo Popkin for Appellee Carl Voe, Appellee Helen Roe, Appellee James Poe. [25-6970, 25-6980] [Entered: 02/17/2026 09:41 AM]Open(opens another site)
25ADDED Counsel for Appellee Kelly Jo Popkin [25-6970, 25-6980] [Entered: 02/17/2026 09:48 AM]Open(opens another site)
26SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 4) filed by Appellant Deborah Johnston. [25-6970, 25-6980] [COURT UPDATE: Fixed docket text to add missing party and trailing case numbers.] [Entered: 03/03/2026 12:02 PM] [Edited: 03/04/2026 09:11 AM]Open(opens another site)
27ACKNOWLEDGMENT of hearing notice filed by Nathan T. Arrowsmith for Appellant Deborah Johnston. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10 minutes). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court. [COURT UPDATE: Updated docket text to reflect correct hearing date and time.] [25-6970, 25-6980] [Entered: 03/11/2026 01:07 PM] [Edited: 03/11/2026 01:24 PM]Open(opens another site)
28ACKNOWLEDGMENT of hearing notice filed by Michael Martinich-Sauter for Appellant Warren Petersen, Appellant Steve Montenegro. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [25-6980, 25-6970] [Entered: 03/12/2026 02:12 PM]Open(opens another site)
29ANSWERING BRIEF submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] [Entered: 03/13/2026 04:58 PM]Open(opens another site)
30DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980]--[Duplicate entry, correct entry is DE 40 in No. 25-6970] [Entered: 03/13/2026 05:00 PM] [Edited: 03/16/2026 11:53 AM]Open(opens another site)
31EXCERPTS OF RECORD submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980]--[COURT UPDATE: Attached Index Vol] [Entered: 03/13/2026 05:08 PM] [Edited: 03/16/2026 11:53 AM]Open(opens another site)
32MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] [Entered: 03/13/2026 05:14 PM]Open(opens another site)
33ACKNOWLEDGMENT of hearing notice filed by Rachel H. Berg for Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 9:00:00 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. [COURT UPDATE: Updated docket text to reflect correct hearing date and time.] [25-6970, 25-6980] [Entered: 03/16/2026 07:56 AM] [Edited: 03/16/2026 08:41 AM]Open(opens another site)
34EXCERPTS OF RECORD Volumes 4 & 5 UNDER SEAL submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] (Court entered filing of sealed vols submitted at DE 41) [Entered: 03/16/2026 11:57 AM]Open(opens another site)
35TEXT CLERK ORDER. Appellee's motion to file under seal, is granted. [25-6970, 25-6980] [Entered: 03/16/2026 04:53 PM]Open(opens another site)
36CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 29, DE 31, DE 34 by Appellees are filed (ER Volumes 4 & 5 UNDER SEAL). No paper copies are required. [25-6970, 25-6980] [Entered: 03/16/2026 05:12 PM]Open(opens another site)
37AMICUS BRIEF by government or with consent submitted for filing by CONSTITUTIONAL LAW SCHOLARS. [25-6980, 25-6970] [Entered: 03/18/2026 01:03 PM]Open(opens another site)
38ADDED Amicus Curiae Constitutional Law Scholars, in Case Nos. 25-6970 and 25-6980, with counsel Alice Yao. [25-6970, 25-6980] [Entered: 03/18/2026 02:30 PM]Open(opens another site)
39CLERK ACTION: Amicus Brief submitted at DE 37 by Constitutional Law Scholars is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/18/2026 02:32 PM]Open(opens another site)
40AMICUS BRIEF by government or with consent submitted for filing by State of California, et al.. [25-6970, 25-6980] [Entered: 03/20/2026 11:39 AM]Open(opens another site)
41DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by State of California, et al.. [25-6980, 25-6970]--[Duplicate entry, correct entry is DE 49 in No. 25-6970] [Entered: 03/20/2026 11:42 AM] [Edited: 03/20/2026 12:04 PM]Open(opens another site)
42NOTICE OF ORAL ARGUMENT on Tuesday, April 14, 2026 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ 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. 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. [25-6970, 25-6980] [Entered: 03/20/2026 12:01 PM]Open(opens another site)
43ADDED Amici Curiae State of California, State of Washington, State of Colorado, District of Columbia, State of Illinois, State of Maine, State of Massachusetts, State of Minnesota, State of Nevada, State of New York, and State of Oregon, with counsel Elia Herrera. [25-6970, 25-6980] [Entered: 03/20/2026 12:01 PM]Open(opens another site)
44CLERK ACTION: Amicus Brief submitted at DE 40 by State of California, et al. is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/20/2026 12:05 PM]Open(opens another site)
45ACKNOWLEDGMENT of hearing notice filed by Michael Martinich-Sauter for Appellant Warren Petersen, Appellant Steve Montenegro. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [25-6980, 25-6970] [Entered: 03/20/2026 12:42 PM]Open(opens another site)
46ACKNOWLEDGMENT of hearing notice filed by Rachel H. Berg for Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 9:00:00 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. [COURT UPDATE: Edited docket text to remove incorrect hearing date/time.] [25-6970, 25-6980] [Entered: 03/20/2026 01:01 PM] [Edited: 03/20/2026 01:55 PM]Open(opens another site)
47ACKNOWLEDGMENT of hearing notice filed by Nathan T. Arrowsmith for Appellee Deborah Johnston. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10 minutes). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [25-6980, 25-6970] [Entered: 03/20/2026 01:39 PM]Open(opens another site)
48AMICUS BRIEF by government or with consent submitted for filing by GLBTQ Legal Advocates & Defenders; Lambda Legal Defense and Education Fund, Inc.. [25-6970, 25-6980] [Entered: 03/20/2026 04:33 PM] [Edited: 03/23/2026 09:17 AM]Open(opens another site)
49ADDED Amici Curiae GLBTQ Legal Advocates & Defenders and Lambda Legal Defense and Education Fund, Inc., with counsel Angela Wu. [25-6970, 25-6980] [Entered: 03/23/2026 09:16 AM]Open(opens another site)
50CLERK ACTION: Amicus Brief submitted at DE 48 by GLBTQ Legal Advocates & Defenders; Lambda Legal Defense and Education Fund, Inc. is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/23/2026 09:18 AM]Open(opens another site)