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Case: F.V. v. Barron

1:17-cv-00170 | U.S. District Court for the District of Idaho

Filed Date: April 18, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit about Idaho transgender people's ability to change their birth certificate sex listings, and to do so without having to disclose on their birth certificates that they are transgender. On April 18, 2017, a transgender woman born in Idaho brought a lawsuit against the Idaho Department of Health and Welfare (IDHW). The plaintiff brought the lawsuit in the U.S. District Court for the District of Idaho and was represented by both a private law firm and by Lambda Legal Defense and E…

This is a lawsuit about Idaho transgender people's ability to change their birth certificate sex listings, and to do so without having to disclose on their birth certificates that they are transgender. On April 18, 2017, a transgender woman born in Idaho brought a lawsuit against the Idaho Department of Health and Welfare (IDHW). The plaintiff brought the lawsuit in the U.S. District Court for the District of Idaho and was represented by both a private law firm and by Lambda Legal Defense and Education Fund, Inc. On June 1, 2017, a second transgender woman born in Idaho joined as another plaintiff. 

Idaho’s Birth Certificate Policy categorically denied the plaintiffs and other transgender people the ability to correct their birth certificates to accurately reflect their gender identities, even if they had taken clinically appropriate gender transition steps. The Birth Certificate Policy also refused to provide revised birth certificates without including a revision history – such as showing the transgender individual’s former name with a strike-out – that disclosed the certificate holder’s transgender status. 

The plaintiffs sought relief under 42 U.S.C. § 1983. They sought that the court (1) declare the Birth Certificate Policy unconstitutional on its face and as applied; (2) permanently prevent Idaho from enforcing the Birth Certificate Policy and future similar policies; and (3) award their costs, expenses, and reasonable attorney’s fees.

The plaintiffs moved for summary judgment. During summary judgment, Idaho conceded that the Birth Certificate Policy violated the Equal Protection Clause, including by failing minimum scrutiny review. Idaho indicated that it believed it needed a court order in order to create a new birth certificate rule allowing transgender individuals to change their birth certificate sex without including revision history. On March 5, 2018, U.S. Magistrate Judge Candy W. Dale agreed that the Birth Certificate Policy violated the Equal Protection Clause in both failing to change transgender individuals’ listed sex and also in mandating revision history. Since the lawsuit could be decided on Equal Protection grounds, Judge Dale granted the Summary Judgment in part, yet declined to address the plaintiff’s further Due Process and First Amendment claims (denying the Summary Judgment for those parts). 

Judge Dale permanently enjoined Idaho/IDHW and its officers, employees, and agents from practicing or enforcing the policy of automatically rejecting applications from transgender people to change the sex listed on their birth certificates. Further, Judge Dade ordered that Idaho begin accepting and considering, in a constitutionally-sound process, such applications on or before April 6, 2018. Judge Dade said that reissued birth certificates must not include a record of amendment to the listed sex. 286 F.Supp.3d 1131. On April 20, 2018, the Court entered judgment in favor of the Plaintiffs. Idaho did not appeal and implemented the revised rule without issue. 

However, in March 2020, Idaho enacted House Bill (HB) 509, which provided that the sex listed on a birth certificate can be amended only (1) within a year of the birth certificate filing, by representing that the certificate misrepresented a material fact at the time of birth or (2) after that first year, by challenging the certificate’s statistics and material facts by claiming they were generated under fraud, duress, or material mistake of fact (a challenge a transgender individual can't possibly prove, given the HB 509 definition of “sex”). On April 16, 2020, the plaintiffs sought clarification that Judge Dale’s March 5, 2018 order barred enforcement of HB 509, because HB 509 functionally prohibits gender marker corrections. Judge Dale restated the contents of her previous permanent injunction and clarified that the injunction continued to apply across all policies, rules, and statutes in a post-HB 509 world. Yet, Judge Dale did not conclude that her injunction applied to HB 509 to prohibit HB 509’s enforcement because (1) HB 509’s constitutionality must be decided separately, (2) that decision would depend on future facts, like how IDHW interprets and enforces of HB 509. 466 F.Supp.3d 1110. 

Later in 2020, HB 509 was codified as Idaho Code § 39-245A and IDHW revised its instructions to require applicants seeking to change their listed sex after one year to submit a certified copy of a court order under § 39-245A. This spurred the Plaintiffs to submit a second request for clarification, which Judge Dade provided on August 7, 2020.  Judge Dade ruled that this Idaho requirement violated her original injunction, which mandated that IDHW allow applications from transgender people to change their listed sex, and prohibited IDHW from categorically rejecting such applications because, under the order, a transgender individual could not obtain the required court order. 477 F.Supp.3d 1144.

On June 8, 2022, Judge Dade awarded plaintiffs $321,224.50 for litigation expenses, including attorneys and paralegal fees, plus interest. This was the last action to date in the lawsuit.

Summary Authors

Sophia Bucci (10/1/2022)

Documents in the Clearinghouse

Document
1

1:17-cv-00170

Complaint for Injunctive and Declaratory Relief

April 18, 2017

April 18, 2017

Complaint
19

1:17-cv-00170

First Amended Complaint for Declaratory and Injunctive Relief

F.V. v. Armstrong

June 1, 2017

June 1, 2017

Complaint
39

1:17-cv-00170

Memorandum Decision and Order (Dkt. 28)

March 5, 2018

March 5, 2018

Order/Opinion
43

1:17-cv-00170

Judgment

April 20, 2018

April 20, 2018

Order/Opinion
58

1:17-cv-00170

Memorandum Decision and Order (Dkt. 46)

F.V. v. Jeppesen

June 1, 2020

June 1, 2020

Order/Opinion
75

1:17-cv-00170

Memorandum Decision and Order [Dkt. 66]

F.V. v. Jeppesen

Aug. 7, 2020

Aug. 7, 2020

Order/Opinion
90

1:17-cv-00170

Amended Memorandum Decision and Order (Dkt. 83)

F.V. v. Jeppesen

June 8, 2022

June 8, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4845783/fv-v-barron/

Last updated Oct. 1, 2022, 8:51 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Richard Armstrong, Elke Shaw-Tulloch, James Ayodelotte ( Filing fee $ 400 receipt number 0976-1575262.), filed by F. V.. (Attachments: # 1 Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cockerille, Monica) Modified on 4/18/2017 (cjs).

1 Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

April 18, 2017

April 18, 2017

Clearinghouse
2

MOTION FOR PRO HAC VICE APPEARANCE by Peter C. Renn. ( Filing fee $ 225 receipt number 0976-1575292.)Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Cockerille, Monica)

April 18, 2017

April 18, 2017

PACER
3

MOTION FOR PRO HAC VICE APPEARANCE by Kara N. Ingelhart. ( Filing fee $ 225 receipt number 0976-1575300.)Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Cockerille, Monica)

April 18, 2017

April 18, 2017

PACER
4

MOTION for Protective Order Monica G Cockerille appearing for Plaintiff F. V.. Responses due by 5/9/2017 (Attachments: # 1 Memorandum in Support)(Cockerille, Monica)

1 Memorandum in Support

View on RECAP

April 18, 2017

April 18, 2017

PACER
5

Corporate Disclosure Statement by F. V.. (Cockerille, Monica)

April 18, 2017

April 18, 2017

PACER
6

DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Peter C Renn for F. V.; approving 3 Motion for Pro Hac Vice Appearance of attorney Kara N Ingelhart for F. V. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

April 18, 2017

April 18, 2017

PACER
7

Summons Issued as to Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons)(cjs)

April 18, 2017

April 18, 2017

PACER
8

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - Case Management deadline set for 6/13/2017 for joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/20/2017 04:00 PM in 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 (cjs)

April 21, 2017

April 21, 2017

PACER
9

STIPULATION and Notice of Defendant's Non-Opposition to Plaintiff's Motion to Proceed Anonymously by F.V.. (Cockerille, Monica)

May 8, 2017

May 8, 2017

PACER
10

SUMMONS Returned Executed by F.V.. Richard Armstrong served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica) Modified on 5/8/2017 to edit text to reflect that Richard Armstrong was the party served and regenerate the NEF (jp).

May 8, 2017

May 8, 2017

PACER
11

SUMMONS Returned Executed by F.V.. James Ayodelotte served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica)

May 8, 2017

May 8, 2017

PACER
12

SUMMONS Returned Executed by F.V.. Elke Shaw-Tulloch served on 4/20/2017, answer due 5/11/2017. (Cockerille, Monica)

May 8, 2017

May 8, 2017

PACER

Set Deadlines/Hearings

May 8, 2017

May 8, 2017

PACER

Set Deadlines/Hearings: Richard Armstrong answer due 5/11/2017. (jp)

May 8, 2017

May 8, 2017

PACER
13

NOTICE of Appearance by W Scott Zanzig on behalf of Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch (Zanzig, W)

May 10, 2017

May 10, 2017

PACER
14

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Richard Armstrong, James Ayodelotte, F.V., and Elke Shaw-Tulloch re 1 Complaint and 13 Notice of Appearance. Consent/Objection to Magistrate due by 7/10/2017. (st)

May 11, 2017

May 11, 2017

PACER
15

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(st)

May 11, 2017

May 11, 2017

PACER
16

ORDER APPROVING STIPULATION AND GRANTING MOTION FOR PROTECTIVE ORDER. Defendants must file their answer or responsive pleading to the Complaint on or before 6/2/2017. Upon consideration of Defendants' non-opposition and good cause appearing therefor, the Court will GRANT 4 Plaintiff's Motion for Protective Order. 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 (st)

May 12, 2017

May 12, 2017

PACER
17

PROTECTIVE ORDER. 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 (st)

May 12, 2017

May 12, 2017

PACER
18

AMENDED DOCKET ENTRY NOTICE of Hearing: Per the request of counsel in this matter, the Telephonic Scheduling Conference currently set for 6/20/2017 04:00 PM MDT is hereby VACATED and RE-SET for 7/11/2017 10:30 AM MDT Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. Joint Litigation and Discovery Plan to be filed on or before 7/5/2017. (at)

May 16, 2017

May 16, 2017

PACER
19

AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs.(Cockerille, Monica)

June 1, 2017

June 1, 2017

Clearinghouse
20

SECOND AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference set for 7/11/2017 09:30 AM PDT, 10:30 AM MDT Telephonic Hearing - Coeur d'Alene BK/Magistrate Courtroom before Judge Candy W. Dale. On the date and time specified above, the parties shall call the Court's conferencing phone number at 1-877-848-7030, enter access code 5130870 and security code 1234, then follow the operator's instructions. Joint Litigation and Discovery Plan to be filed on or before 7/5/2017. (at)

June 15, 2017

June 15, 2017

PACER
21

STIPULATION re 19 Amended Complaint (Extend Time to Answer) by Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch. (Zanzig, W)

June 28, 2017

June 28, 2017

PACER
22

ORDER RE: STIPULATION TO EXTEND ANSWER DEADLINE AND RE-SETTING TELEPHONIC SCHEDULING CONFERENCE. Defendants must file their answer or responsive pleading to Plaintiffs' First Amended Complaint no later than 7/28/2017. Further, in consideration of the parties' attempt to settle this dispute, the Court finds good cause to VACATE the July 11, 2017 telephonic scheduling conference. (Telephonic Scheduling Conference reset for 8/8/2017 09:30 AM in 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 (st)

June 29, 2017

June 29, 2017

PACER
23

ANSWER to 19 Amended Complaint by Richard Armstrong, James Ayodelotte, Elke Shaw-Tulloch.(Zanzig, W)

July 28, 2017

July 28, 2017

RECAP
24

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by F.V., Dani Martin. (Cockerille, Monica)

Aug. 1, 2017

Aug. 1, 2017

PACER
25

DISCOVERY PLAN by F.V., Dani Martin . (Cockerille, Monica)

Aug. 1, 2017

Aug. 1, 2017

RECAP
26

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Monica Cockerille, Peter Renn, and Kara Ingelhart for the Plaintiff; Scott Zanzig for the Defendant. Telephonic Scheduling Conference held on 8/8/2017. Court noted a Stipulated Litigation Plan and Discovery Plan were filed in this matter. Motion for Substitution of Russell Barron for Richard Armstrong as a defendant pursuant to Federal Rule of Civil Procedure 25(d) is GRANTED. Order forthcoming. Telephonic Status Conference to be set at a later date, with specific date/time to be included in forthcoming Case Management Order. Time in Court 9:37-9:45 AM. (Hearing not recorded.) (at)

Aug. 8, 2017

Aug. 8, 2017

PACER
27

CASE MANAGEMENT ORDER. (Amended Pleadings due by 8/11/2017. Joinder of Parties due by 8/11/2017. Dispositive Motions due by 9/29/2017.). 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 (st) (Entered: 08/09/2017)

Aug. 8, 2017

Aug. 8, 2017

RECAP
28

MOTION for Summary Judgment Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 10/20/2017 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration of F.V., # 4 Declaration of Dani Martin, # 5 Declaration of Randi Ettner, # 6 Declaration of Monica Cockerille)(Cockerille, Monica)

1 Memorandum in Support

View on RECAP

2 Statement of Material Facts

View on RECAP

3 Declaration of F.V.

View on RECAP

4 Declaration of Dani Martin

View on RECAP

5 Declaration of Randi Ettner

View on RECAP

6 Declaration of Monica Cockerille

View on RECAP

Sept. 29, 2017

Sept. 29, 2017

PACER
29

RESPONSE to Motion re 28 MOTION for Summary Judgment filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 11/3/2017. (Attachments: # 1 Attachment)(Zanzig, W)

1 Attachment

View on RECAP

Oct. 20, 2017

Oct. 20, 2017

RECAP
30

Statement of Disputed Material Facts filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch.(Zanzig, W)

Oct. 20, 2017

Oct. 20, 2017

RECAP
31

DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment - Motion Hearing set for 12/18/2017 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)

Oct. 30, 2017

Oct. 30, 2017

PACER
32

REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by F.V., Dani Martin.(Cockerille, Monica)

Nov. 3, 2017

Nov. 3, 2017

RECAP
33

AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment - Motion Hearing currently set for 12/18/2017 01:30 PM is hereby VACATED and RE-SET for 1/8/2018 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)

Dec. 7, 2017

Dec. 7, 2017

PACER

Set Motion and R&R Deadlines/Hearings

Dec. 13, 2017

Dec. 13, 2017

PACER

Set/Reset Deadlines as to 28 MOTION for Summary Judgment internal deadline set by court. Motion Ripe Deadline set for 11/3/2017. (klw)

Dec. 13, 2017

Dec. 13, 2017

PACER
34

SUPPLEMENT by Plaintiffs F.V., Dani Martin re 28 MOTION for Summary Judgment Plaintiffs' Notice of Supplemental Authority. (Cockerille, Monica)

Jan. 3, 2018

Jan. 3, 2018

RECAP
35

AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 28 MOTION for Summary Judgment - Per the request of counsel in this matter, the Motion Hearing currently set for 1/8/2018 01:30 PM is hereby VACATED and RE-SET for 2/1/2018 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)

Jan. 5, 2018

Jan. 5, 2018

PACER
36

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Kara Ingelhart, Monica Cockerille, and Peter Renn for the Plaintiff; Scott Zanzig for the Defendant. Motion Hearing held on 2/1/2018 re 28 MOTION for Summary Judgment. Oral argument heard. Defendant to file supplemental authority on or before 2/6/2018. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 9:30-10:30 AM. (ESR A. Tate.) Audio File Location Boise - Courtroom 6. (at)

Feb. 1, 2018

Feb. 1, 2018

PACER
37

SUPPLEMENT by Defendants James Ayodelotte, Russell Barron, Elke Shaw-Tulloch Supplemental Authority. (Zanzig, W)

Feb. 6, 2018

Feb. 6, 2018

RECAP
38

SUPPLEMENT by Plaintiffs F.V., Dani Martin Plaintiffs' Response to Defendants' Supplemental Authority. (Cockerille, Monica)

Feb. 7, 2018

Feb. 7, 2018

RECAP
39

MEMORANDUM DECISION AND ORDER (DKT. 28) - NOW THEREFORE IT IS HEREBY ORDERED: 1) The Court GRANTS in part and DENIES in part Plaintiffs Motion for Summary Judgment. (Dkt. 28 .) 2) The Court PERMANENTLY ENJOINS the IDHW Defendants and their officers, employees, and agents from practicing or enforcing the policy of automatically rejecting applications from transgender people to change the sex listed on their birth certificates. 3) IDHW Defendants and their officers, employees, and agents must begin accepting applications made by transgender people to change the sex listed on their birth certificates on or before April 6, 2018; such applications must be reviewed and considered through a constitutionally-sound approval process; upon approval, any reissued birth certificate must not include record of amendment to the listed sex; and where a concurrent application for a name change is submitted by a transgender individual, any reissued birth certificate must not include record of the name change.IT IS SO ORDERED. Signed by Judge Candy W. Dale. (Attachments: # 1 Court Reference 1 - 2015 Hate Crime Statistics, # 2 Court Reference 2 - American Psychology Association, # 3 Court Reference 3 - Oxford English Dictionary, # 4 Court Reference 4 - American Psychiatric Association) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

1 Court Reference 1 - 2015 Hate Crime Statistics

View on PACER

2 Court Reference 2 - American Psychology Association

View on PACER

3 Court Reference 3 - Oxford English Dictionary

View on PACER

4 Court Reference 4 - American Psychiatric Association

View on PACER

March 5, 2018

March 5, 2018

Clearinghouse
40

Transcript of Proceedings for hearing on Motion for Summary Judgment held on 2/1/18 before Judge Candy W. Dale. Court Reporter/Transcriber Tamara A. Weber, Telephone number 208-899-2177. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed.. Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (st)

March 8, 2018

March 8, 2018

PACER
41

Notice of Filing of Official Transcript (st)

March 8, 2018

March 8, 2018

PACER
42

NOTICE by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch and Stipulation Regarding Judgment and Time for Bill of Costs and Motion for Attorneys' Fees (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zanzig, W)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

April 17, 2018

April 17, 2018

RECAP
43

JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiffs. Any bill of costs or motion for attorneys' fees shall be filed no later than 45 days after entry of this judgment. 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 (st)

April 20, 2018

April 20, 2018

Clearinghouse
44

STIPULATION REGARDING AWARD OF ATTORNEYS' FEES AND COSTS by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. (Zanzig, W)

April 25, 2018

April 25, 2018

PACER
45

ORDER APPROVING STIPULATION REGARDING AWARD OF ATTORNEY'S FEES AND COSTS re 44 Stipulation filed by Russell Barron, Elke Shaw-Tulloch, Richard Armstrong, James Ayodelotte. 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 (st)

April 26, 2018

April 26, 2018

PACER
46

MOTION to Clarify Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/7/2020 (Attachments: # 1 Memorandum in Support Plaintiffs' Memorandum in Support of Motion for Clarification of Order of March 5, 2018, # 2 Attachment - HB 509)(Cockerille, Monica)

1 Memorandum in Support Plaintiffs' Memorandum in Support of Motion for Clari

View on RECAP

2 Attachment - HB 509

View on PACER

April 16, 2020

April 16, 2020

PACER
47

MOTION to Expedite Plaintiffs' Motion to Shorten Time on Briefing for Motion for Clarification of March 5, 2018 Order Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/7/2020 (Cockerille, Monica)

April 16, 2020

April 16, 2020

PACER
48

ORDER RE: MOTION TO SHORTEN TIME ON BRIEFING FOR PLAINTIFFS' MOTION FOR CLARIFICATION (DKT 47). IT IS HEREBY ORDERED that the Motion to Shorten Time on Briefing (Dkt. 47 ) is GRANTED as follows: Defendants' response to the Motion for Clarification is due May 1, 2020. Plaintiffs' reply to the Motion for Clarification is due May 11, 2020. IT IS FURTHER ORDERED that a hearing on the Motion for Clarification (Dkt. 46 ) is set for May 19, 2020 at 10:00 a.m. (MT). Prior to the hearing, the parties will be advised regarding by what method the hearing will be conducted. 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 (ckh) (Entered: 04/17/2020)

April 16, 2020

April 16, 2020

RECAP

Set/Reset Deadlines as to 46 MOTION to Clarify . Responses due by 5/1/2020. Replies due by 5/11/2020. Motion Hearing set for 5/19/2020 10:00 AM before Judge Candy W. Dale. (ckh)

April 16, 2020

April 16, 2020

PACER

Set Motion and R&R Deadlines/Hearings

April 17, 2020

April 17, 2020

PACER
49

MOTION FOR PRO HAC VICE APPEARANCE by Nora Huppert. ( Filing fee $ 250 receipt number 0976-2042319.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 5/21/2020 (Cockerille, Monica)

April 30, 2020

April 30, 2020

PACER
50

DOCKET ENTRY ORDER approving 49 Motion for Pro Hac Vice Appearance of attorney Nora Huppert for F.V. and Dani Martin. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

May 1, 2020

May 1, 2020

PACER
51

NOTICE of Appearance by Steven Lamar Olsen on behalf of James Ayodelotte, Russell Barron, Elke Shaw-Tulloch (Olsen, Steven)

May 1, 2020

May 1, 2020

PACER
52

NOTICE of Appearance by Dayton Patrick Reed on behalf of James Ayodelotte, Russell Barron, Elke Shaw-Tulloch (Reed, Dayton)

May 1, 2020

May 1, 2020

PACER
53

MEMORANDUM in Opposition re 46 MOTION to Clarify filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 5/15/2020.(Olsen, Steven)

May 1, 2020

May 1, 2020

RECAP

Order on Motion for Pro Hac Vice Appearance

May 1, 2020

May 1, 2020

PACER
54

REPLY to Response to Motion re 46 MOTION to Clarify Plaintiffs' Reply in Support of Motion for Clarification of March 5, 2018 Order filed by F.V., Dani Martin.Motion Ripe Deadline set for 5/12/2020.(Cockerille, Monica)

May 11, 2020

May 11, 2020

RECAP
55

AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 46 MOTION to Clarify - Video Motion Hearing set for 5/19/2020 10:00 AM MT Video - Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel received video link via separate notification. Parties and/or members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 118 6132, Meeting Password: 361545. (at)

May 18, 2020

May 18, 2020

PACER
56

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Peter Renn, Monica Cockerille, Nora Huppert, and Kara Ingelhart for the Plaintiff; Steven Olsen and Dayton Reed for the Defendants. Video Motion Hearing held on 5/19/2020 re 46 MOTION to Clarify. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 10:12-11:35 AM. (ESR A. Tate.) Audio File Location Boise - Courtroom 6. (at)

May 19, 2020

May 19, 2020

PACER
57

MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion to Clarify (Dkt. 46 ) is GRANTED IN PART AND DENIED IN PART as state in herein as follows: The motion is granted as to Plaintiffs request for clarification of the Courts Memorandum Decision and Order (Dkt. 39 ) and Judgment (Dkt. 43 ). The Court clarifies that the Order and Judgment (Dkt. 39, 43) permanently enjoing IDHW Defendants and their officers, employees, and agents from automatically rejecting applications from transgender people to change the sex listed on their birth certificates; and require that IDHW Defendants and their officers, employees, and agents accept applications made by transgender people to change the sex listed on their birth certificates; such applications must be reviewed and considered through a constitutionally-sound approval process. The motion is denied as to Plaintiffs request for a determination that enforcement of House Bill 509 is barred by the Courts permanent Injunction. 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 (km)

June 1, 2020

June 1, 2020

RECAP
58

MEMORANDUM DECISION & ORDER It is hereby ORDERED that Plaintiffs' Motion to Clarify 46 is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the Court retains jurisdiction to clarify, modify, and enforce the Order, Injunction, and Judgment entered in this case as necessary. 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 (jp)

June 1, 2020

June 1, 2020

Clearinghouse

CORRECTIVE ENTRY - Please disregard docket number 57 Order as it is a duplicate of dkt 58 and was docketed twice in error.(jp) **Modified on 7/15/2020 to indicate dkt 58 as the correct entry (jp).

June 1, 2020

June 1, 2020

PACER
59

STIPULATION to Extend Time for Any Bill of Costs or Motion for Attorneys' Fees by F.V., Dani Martin. (Renn, Peter)

June 12, 2020

June 12, 2020

PACER
60

ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS' FEES re 59 Stipulation filed by Dani Martin, F.V. IT IS HEREBY ORDERED that the deadlines for filing any bill of costs and motion for attorneys' fees based on activity after this Court's entry of final judgment on April 20, 2018, are extended to December 31, 2020. 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 (ckh)

June 15, 2020

June 15, 2020

PACER
61

MOTION FOR PRO HAC VICE APPEARANCE by William Isasi. ( Filing fee $ 250 receipt number 0976-2066247.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)

June 22, 2020

June 22, 2020

PACER
62

MOTION FOR PRO HAC VICE APPEARANCE by Henry Liu. ( Filing fee $ 250 receipt number 0976-2066255.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)

June 22, 2020

June 22, 2020

PACER
63

MOTION FOR PRO HAC VICE APPEARANCE by D. Jean Veta. ( Filing fee $ 250 receipt number 0976-2066261.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)

June 22, 2020

June 22, 2020

PACER
64

MOTION FOR PRO HAC VICE APPEARANCE by Michael Lanosa. ( Filing fee $ 250 receipt number 0976-2066267.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)

June 22, 2020

June 22, 2020

PACER
65

MOTION FOR PRO HAC VICE APPEARANCE by Isaac C. Belfer. ( Filing fee $ 250 receipt number 0976-2066270.)Monica G Cockerille appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Cockerille, Monica)

June 22, 2020

June 22, 2020

PACER
66

MOTION to Clarify Defendants' Enforcement Plan Peter C Renn appearing for Plaintiffs F.V., Dani Martin. Responses due by 7/13/2020 (Attachments: # 1 Memorandum in Support Plaintiffs' Memo in Support of Motion for Clarification Regarding Defendants' Enforcement Plan, # 2 Affidavit Declaration of Peter Renn)(Renn, Peter)

1 Memorandum in Support Plaintiffs' Memo in Support of Motion for Clarificati

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2 Affidavit Declaration of Peter Renn

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June 22, 2020

June 22, 2020

RECAP
67

DOCKET ENTRY ORDER approving 61 Motion for Pro Hac Vice Appearance of attorney William Isasi, 62 Motion for Pro Hac Vice Appearance of attorney Henry Liu, 63 Motion for Pro Hac Vice Appearance of attorney D Jean Veta, 64 Motion for Pro Hac Vice Appearance of attorney Michael Lanosa and 65 Motion for Pro Hac Vice Appearance of attorney Isaac C Belfer for Dani Martin and F.V. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

June 23, 2020

June 23, 2020

PACER
68

NOTICE of Appearance by Colleen Rosannah Smith on behalf of All Plaintiffs (Smith, Colleen)

June 23, 2020

June 23, 2020

PACER

Set/Reset Deadlines as to 66 MOTION to Clarify Defendants' Enforcement Plan per docket 69 . Responses due by 7/2/2020. Replies due by 7/7/2020. (ckh)

June 23, 2020

June 23, 2020

PACER
69

DOCKET ORDER setting briefing deadlines re: Plaintiffs' Motion for Clarification Regarding Defendants' Enforcement Plan (Dkt. 66). Defendants shall file their response to the motion on or before July 2, 2020. Any reply must be filed on or before July 7, 2020. The Court will notify the parties as to whether a hearing on the motion will be held. 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 (lat)

June 24, 2020

June 24, 2020

PACER
70

RESPONSE to Motion re 66 MOTION to Clarify Defendants' Enforcement Plan filed by James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 7/16/2020.(Olsen, Steven)

July 2, 2020

July 2, 2020

RECAP
71

REPLY to Response to Motion re 66 MOTION to Clarify Defendants' Enforcement Plan filed by F.V., Dani Martin.Motion Ripe Deadline set for 7/8/2020.(Huppert, Nora)

July 7, 2020

July 7, 2020

RECAP
72

DOCKET ENTRY NOTICE of Hearing on Motion: 66 MOTION to Clarify Defendants' Enforcement Plan - Video Motion Hearing set for 7/22/2020 01:30 PM MT Video - Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel to receive video link via separate email notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 140 1523, Meeting Password: 969595. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (at)

July 21, 2020

July 21, 2020

PACER
73

AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 66 MOTION to Clarify Defendants' Enforcement Plan - Video Motion Hearing currently set for 7/22/2020 01:30 PM MT is hereby RESCHEDULED to begin at 02:30 PM MT Video - Boise to Other location (Mountain Time) before Judge Candy W. Dale. Counsel received video link via separate email notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 140 1523, Meeting Password: 969595. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (same date as previously set, new time only) (at)

July 21, 2020

July 21, 2020

PACER
74

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Nora Huppert, Monica Cockerille, Peter Renn, and Colleen Smith for the Plaintiff; Steven Olson and Dayton Reed for the Defendants. All parties appeared via Zoom. Video Motion Hearing held on 7/22/2020 re 66 MOTION to Clarify Defendants' Enforcement Plan. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 2:30-3:43 PM. (ESR A. Tate.) Audio File Location Other. (at)

July 22, 2020

July 22, 2020

PACER
75

MEMORANDUM DECISION AND ORDER (DKT. 66) re 66 Motion to Clarify. IT IS HEREBY ORDERED that Plaintiffs' Motion to Clarify (Dkt. 66 ) is GRANTED as stated herein. 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 (ckh)

Aug. 7, 2020

Aug. 7, 2020

Clearinghouse
76

STIPULATION to Extend Time for Any Bill of Costs or Motion For Attorneys' Fees by F.V., Dani Martin. (Huppert, Nora)

Dec. 9, 2020

Dec. 9, 2020

PACER
77

ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS' FEES DKT 76 . THEREFORE IT IS HEREBY ORDERED that the Stipulation (Dkt. 76) is GRANTED as follows: 1) Any motion for attorneys fees or bill of costs based on activity after this Courts entry of final judgment on April 20, 2018 need not be filed any earlier than June 30, 2021, or 60 days after the completion of any litigation relating to HB 509, whichever is lateR. 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 (kt) (Entered: 12/10/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
78

NOTICE of Substitution - Attorney Isaac C Belfer terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Cockerille, Monica)

March 11, 2021

March 11, 2021

PACER
79

NOTICE of Change of Address by Colleen Rosannah Smith (Smith, Colleen)

June 22, 2021

June 22, 2021

PACER
80

STIPULATION to Extend Time to File Fees Motion by F.V., Dani Martin. (Smith, Colleen)

June 22, 2021

June 22, 2021

PACER
81

ORDER EXTENDING TIME FOR ANY BILL OF COSTS AND MOTION FOR ATTORNEYS' FEES. IT IS HEREBY ORDERED that the Stipulation (Dkt. 80) is GRANTED as follows: Any motion for attorneys' fees or bill or costs based on activity after this Courts entry of final judgment on April 20, 2018 need not be filed any earlier than September 30, 2021, or 60 days after the completion of any litigation relating to HB 509, whichever is later. The parties may request a further extension of time if necessary and upon a showing of good cause. The Court makes no determination at this time as to whether either side is entitled to attorneys' fees and costs based on events or activities after the Courts entry of final judgment on April 20, 2018. 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 (kt)

June 23, 2021

June 23, 2021

PACER
82

NOTICE of Change of Address by Nora Huppert (Huppert, Nora)

Sept. 29, 2021

Sept. 29, 2021

PACER
83

MOTION for Attorney Fees Nora Huppert appearing for Plaintiffs F.V., Dani Martin. Responses due by 10/20/2021 (Attachments: # 1 Memorandum in Support of Motion for Attorneys' Fees and Expenses, # 2 Affidavit Declaration of Peter C. Renn, # 3 Exhibit A, # 4 Exhibit B, # 5 Affidavit Declaration of Thomas J. Lloyd III, # 6 Affidavit Declaration of Dan Stormer, # 7 Affidavit Declaration of Charlie Wysong)(Huppert, Nora)

1 Memorandum in Support of Motion for Attorneys' Fees and Expenses

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2 Affidavit Declaration of Peter C. Renn

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3 Exhibit A

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4 Exhibit B

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5 Affidavit Declaration of Thomas J. Lloyd III

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6 Affidavit Declaration of Dan Stormer

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7 Affidavit Declaration of Charlie Wysong

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Sept. 29, 2021

Sept. 29, 2021

RECAP
84

STIPULATION re 83 MOTION for Attorney Fees Extension of Time for Filing Response/Reply by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. (Olsen, Steven)

Oct. 18, 2021

Oct. 18, 2021

PACER
85

ORDER RE: STIPULATION FOR EXTENSION OF TIME - The Parties Stipulation (Dkt. 84 ) is GRANTED and the briefing deadlines on Plaintiffs Motion for Attorneys Fees and Expenses are extended as follows: Defendants Response to Plaintiffs Motion for Attorney Fees and Expenses is due on or before November 19, 2021. Plaintiffs Reply is due on or before December 20, 2021. 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 (lm)

Oct. 19, 2021

Oct. 19, 2021

PACER

Set/Reset Deadlines as to 83 MOTION for Attorney Fees . Responses due by 11/19/2021 Replies due by 12/20/2021. (lm)

Oct. 19, 2021

Oct. 19, 2021

PACER
86

RESPONSE to Motion re 83 MOTION for Attorney Fees Objection to Plaintiffs' Fee Petition filed by Richard Armstrong, James Ayodelotte, Russell Barron, Elke Shaw-Tulloch. Replies due by 12/3/2021. (Attachments: # 1 Affidavit Declaration Steven L. Olsen, # 2 Exhibit A-1 to Dec Steven L. Olsen, # 3 Exhibit A-2 to Dec Steven L. Olsen, # 4 Exhibit B-1 to Dec Steven L. Olsen, # 5 Exhibit B-2 to Dec Steven L. Olsen, # 6 Exhibit C to Dec Steven L. Olsen, # 7 Exhibit D to Dec Steven L. Olsen)(Olsen, Steven)

1 Affidavit Declaration Steven L. Olsen

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2 Exhibit A-1 to Dec Steven L. Olsen

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3 Exhibit A-2 to Dec Steven L. Olsen

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4 Exhibit B-1 to Dec Steven L. Olsen

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5 Exhibit B-2 to Dec Steven L. Olsen

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6 Exhibit C to Dec Steven L. Olsen

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7 Exhibit D to Dec Steven L. Olsen

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Nov. 19, 2021

Nov. 19, 2021

RECAP
87

REPLY to Response to Motion re 83 MOTION for Attorney Fees filed by F.V., Dani Martin.Motion Ripe Deadline set for 12/21/2021.(Huppert, Nora)

Dec. 20, 2021

Dec. 20, 2021

RECAP
88

NOTICE of Change of Address by Colleen Rosannah Smith (Smith, Colleen)

April 7, 2022

April 7, 2022

PACER
89

MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Attorney Fees and Expenses (Dkt. 86 ) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiffs are awarded $312,529.50 in attorney fees, $7,945.00 in paralegal fees, and $750.00 in non-taxable litigation expenses pursuant to 42 U.S.C. ยง 1988. The foregoing amount shall be paid with interest based on the statutory rate as stated in 28 U.S.C. ยง 1961(a), accruing from the date of the entry of this Order. 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 (lm)

June 8, 2022

June 8, 2022

RECAP
90

AMENDED MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Attorney Fees and Expenses (Dkt. 83 ) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiffs are awarded $312,529.50 in attorney fees, $7,945.00 in paralegal fees, and $750.00 in non-taxable litigation expenses pursuant to 42 U.S.C. ยง 1988. The foregoing amount shall be paid with interest based on the statutory rate as stated in 28 U.S.C. ยง 1961(a), accruing from the date of the entry of this Order. Signed by Judge Candy W Dale. DATED: June 8, 2022, nunc pro tunc. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm). (Entered: 06/13/2022)

June 8, 2022

June 8, 2022

Clearinghouse

Case Details

State / Territory: Idaho

Case Type(s):

Public Benefits/Government Services

Public Benefits/Government Services

Key Dates

Filing Date: April 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two transgender women born in Idaho were categorically refused the ability to change their sex listings on their birth certificates.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $321,224.50

Order Duration: 2018 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Classification / placement

Confidentiality

Disparate Treatment

Gay/lesbian/transgender

Other

Discrimination-basis:

Gender identity

Sex discrimination

Affected Gender:

Female