Case: Doe v. Wasden

1:20-cv-00452 | U.S. District Court for the District of Idaho

Filed Date: Sept. 23, 2020

Closed Date: Nov. 10, 2022

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Case Summary

This case was about whether the state of Idaho could force people who had oral or anal sex to register in its sex offender registry, despite the fact that laws criminalizing such acts were declared unconstitutional in the 2003 Supreme Court decision Lawrence v. Texas. On September 23, 2020, an anonymous private plaintiff—who was criminally convicted in another state of engaging in oral sex before Lawrence v. Texas made the criminalization of such acts unconstitutional—brought this lawsuit in t…

On September 23, 2020, an anonymous private plaintiff—who was criminally convicted in another state of engaging in oral sex before Lawrence v. Texas made the criminalization of such acts unconstitutional—brought this lawsuit in the U.S. District Court for the District of Idaho. The plaintiff was represented by the ACLU of Idaho and private counsel, and the named defendants were Lawrence Wasden, Idaho Attorney General; Ked Wills, Idaho State Police Colonel; Leila McNeill, Bureau Chief of the Idaho State Police Bureau of Criminal Investigation; and Daniel Bowen, Andrew Doman, and Jill Holinka of the Idaho Code Commission. Under 43 U.S.C. § 1983, the plaintiff alleged Idaho Code § 18-6605, the “Crime Against Nature” law, violated his Fourteenth Amendment due process rights and sought relief declaring it unconstitutional as it related to activity between human beings. He also sought injunctive relief and a preliminary injunction to stop the state from enforcing the statute, to remove the plaintiff from the Sex Offender Registry, to expunge all records signaling his past inclusion on the registry, or, in the alternative, to stop administering and enforcing the registry law for for out-of-state “Crime Against Nature” equivalents. The plaintiff moved to seal unredacted documents and proceed under the pseudonym John Doe, which was not opposed by the defendants. The case was assigned to District Judge B. Lynn Winmill.

The defendants moved to dismiss for failure to state a claim on November 20, 2020. On December 11, 2020, the plaintiff amended his complaint, adding a second private plaintiff, correcting the spelling of defendants’ names, adding new causes of action under theories that the statute is impermissibly vague and violates the plaintiffs’ Fourteenth Amendment equal protection rights, and adding specificity to the injunctive relief sought. On January 19, 2021, the plaintiffs renewed their motion for a preliminary injunction.

The defendants filed a second motion to dismiss on December 28, 2020 in response to the amended complaint. They argued that the court lacked standing with respect to one of the plaintiffs because he had moved away from Idaho and been removed from the registration, that the crime against nature law was in line with Lawrence because the Idaho State Supreme Court had read a non-consent requirement into its prohibitions of human-to-human conduct, and that the underlying documents in the conviction of the anonymous defendant support the conclusion that consent was not present in the act for which he was convicted and subsequently required to register as a sex offender.

On September 8, 2021, the court evaluated the defendants’ motion to dismiss and the plaintiffs’ motion for preliminary injunction in a single opinion. Judge Winmill agreed with the defendants that the crime against nature statute was not facially unconstitutional because of the non-consent requirement read into it by the Idaho Supreme Court, and he dismissed that portion of the plaintiffs’ claim. He agreed with the plaintiffs, however, that the state’s requirement that they enroll in the sex offender registry violated their Fourteenth Amendment rights. For the anonymous plaintiff, his substantive due process rights were violated if the state relied on his conviction, or his procedural due process rights were violated if they looked into other documents of his case without holding a pre-deprivation hearing. For the second plaintiff, who was convicted of a crime against nature for sleeping with two 16-year-old males at the age of 18, his equal protection rights were violated by being forced to register when a similarly situated male who slept with 16-year-old females would not have been. Having determined that the plaintiffs were likely to succeed on the merits of their case and were actively experiencing irreparable harm by being on the sex offender registry, the court granted the plaintiffs’ preliminary injunction. 558 F.Supp.3d 892.

The defendants filed an appeal of the preliminary injunction with the U.S. Court of Appeals for the Ninth Circuit on October 1, 2021, and filed a motion to stay the injunction pending the decision of the Ninth Circuit. The court denied the motion to stay on January 24, 2022, noting that the only harm to the defendants would be the cost of litigation if the Ninth Circuit’s ruling was dispositive of the issues in controversy, which doesn’t meet the burden of irreparable harm. 2022 WL 204365.

Oral arguments for the defendants’ appeal were heard by the Ninth Circuit on May 11, 2022. In the arguments, the Circuit Judges strongly encouraged the parties to settle the matter. The state’s position was that the registration statute did not allow for discretionary enforcement and so there was no avenue for settlement, but the Circuit Judges pointed out that the Attorney General’s Office could enter into an agreement with the plaintiffs that it would not prosecute if they did not register.

In the District Court, the parties engaged in a seven-hour, thirty-minute settlement conference on August 2, 2022 but did not reach an agreement. Settlement negotiations continued in a conference on September 12, 2022 in which the parties reached agreement on some terms but continued to negotiate the remaining terms outside of court. The defendants’ appeal was terminated in the Ninth Circuit on October 6, 2022.

The parties ultimately reached a settlement and entered the agreed upon dismissal and injunction into the record on November 10, 2022, and the court adopted it on November 14. The terms of the agreed upon injunction were that the two plaintiffs and a non-plaintiff party would be removed from the sex offender registry, the Idaho State Police would create a policy ensuring other people with similar convictions would not be forced to register in the future, the Idaho State Police would expunge all records indicating the parties were on the registry, the Idaho State Police would notify all agencies provided with registry information that the parties had been removed, and the Idaho State Police would pay plaintiffs $275,000 in attorneys’ fees.

The case is closed.

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Summary Authors

Terry Howard (1/2/2023)

Renuka Wagh (1/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18468876/parties/doe-v-wasden/

Judge(s)

Attorney for Plaintiff

Eppink, Richard Alan (Idaho)

Groberg, Debra Anne (Idaho)

Attorney for Defendant

Hayes, Leslie Marie (Idaho)

Nemore, Stephanie (Idaho)

Nickels, Bryan A (Idaho)

Judge(s)

Winmill, Barry Lynn (Idaho)

Attorney for Plaintiff

Eppink, Richard Alan (Idaho)

Groberg, Debra Anne (Idaho)

Singh, Aadika Jaspal (Idaho)

Strugar, Matthew Daniel (Idaho)

Attorney for Defendant

Hayes, Leslie Marie (Idaho)

Nemore, Stephanie (Idaho)

Nickels, Bryan A (Idaho)

Reed, Dayton Patrick (Idaho)

Zanzig, W Scott (Idaho)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-00452	Complaint for Declaratory and Injunctive Relief	Sept. 23, 2020	Sept. 23, 2020 Complaint
39 1:20-cv-00452	First Amended Complaint for Declaratory and Injunctive Relief	Dec. 11, 2020	Dec. 11, 2020 Complaint
84 1:20-cv-00452	Amended Memorandum & Opinion (Redacted)	Sept. 8, 2021	Sept. 8, 2021 Order/Opinion 558 F.Supp.3d 892
96 1:20-cv-00452	Memorandum Decision and Order	Jan. 24, 2022	Jan. 24, 2022 Order/Opinion 2022 WL 204365
125 1:20-cv-00452	Stipulation of Dismissal	Nov. 10, 2022	Nov. 10, 2022 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18468876/doe-v-wasden/

Last updated April 13, 2025, 12:03 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0976-2105538.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Lawrence Wasden, # 3 Summons Ked Willis, # 4 Summons Lelia McNeil, # 5 Summons Individual Members of the Idaho Code Commission)(Eppink, Richard) 1 Cover Sheet View on RECAP 2 Summons Lawrence Wasden View on RECAP 3 Summons Ked Willis View on RECAP 4 Summons Lelia McNeil View on RECAP 5 Summons Individual Members of the Idaho Code Commission View on RECAP	Sept. 23, 2020	Sept. 23, 2020 Clearinghouse
2	MOTION FOR PRO HAC VICE APPEARANCE by Matthew Strugar. ( Filing fee $ 250 receipt number 0976-2105543.)Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Eppink, Richard)	Sept. 23, 2020	Sept. 23, 2020 PACER
3	MOTION re 1 Complaint, to Proceed under Pseudonym Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support)(Eppink, Richard) 1 Memorandum in Support View on RECAP	Sept. 23, 2020	Sept. 23, 2020 PACER
4	MOTION for Preliminary Injunction Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of John Doe (Redacted))(Eppink, Richard) 1 Memorandum in Support View on PACER 2 Declaration of John Doe (Redacted) View on PACER	Sept. 23, 2020	Sept. 23, 2020 PACER
5	Sealed Document Re: 4 MOTION for Preliminary Injunction . (Eppink, Richard)	Sept. 23, 2020	Sept. 23, 2020 PACER
6	MOTION to Seal Document 5 Sealed Document (Unredacted Declaration of John Doe) Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support)(Eppink, Richard)	Sept. 23, 2020	Sept. 23, 2020 PACER
	DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Matthew Daniel Strugar for John Doe. 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)	Sept. 24, 2020	Sept. 24, 2020 PACER
7	Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Willis Summons, # 2 McNeil Summons, # 3 Idaho Code Commission Summons) (ckh)	Sept. 24, 2020	Sept. 24, 2020 PACER
8	Sealed Document re 1 Complaint. (ckh)	Sept. 24, 2020	Sept. 24, 2020 PACER
	Order on Motion for Pro Hac Vice Appearance	Sept. 24, 2020	Sept. 24, 2020 PACER
9	WAIVER by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)	Oct. 5, 2020	Oct. 5, 2020 PACER
	CORRECTIVE ENTRY - Please disregard docket number 9 Waiver as the incorrect docket event was used. It is being re-filed.(jp)	Oct. 5, 2020	Oct. 5, 2020 PACER
10	WAIVER OF SERVICE Returned Executed by Ked Willis, Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden. Ked Willis waiver sent on 9/24/2020, answer due 11/23/2020; Individual Members of the Idaho Code Commission waiver sent on 9/24/2020, answer due 11/23/2020; Lelia McNeil waiver sent on 9/24/2020, answer due 11/23/2020; Lawrence Wasden waiver sent on 9/24/2020, answer due 11/23/2020. (Hayes, Leslie)	Oct. 5, 2020	Oct. 5, 2020 PACER
11	NOTICE of Appearance by Leslie Marie Hayes on behalf of Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis (Hayes, Leslie)	Oct. 5, 2020	Oct. 5, 2020 PACER
	Corrective Entry	Oct. 5, 2020	Oct. 5, 2020 PACER
12	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for John Doe, Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden and Ked Willis re 1 Complaint and 11 Notice of Appearance. Consent/Objection to Magistrate due by 12/7/2020. (ckh)	Oct. 6, 2020	Oct. 6, 2020 PACER
13	STIPULATION re 4 MOTION for Preliminary Injunction Extension of time for Defendants' Response and Plaintiff's Reply by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)	Oct. 6, 2020	Oct. 6, 2020 PACER
14	DOCKET ENTRY ORDER: Pursuant to the Parties' Stipulation (Dkt. 13 ) the Defendants shall file their response to Plaintiff's Motion for Preliminary Injunction (Dkt. 4 ) by October 23, 2020; Plaintiff shall file his reply by November 6, 2020. Signed by Judge B. Lynn Winmill. (wcf)	Oct. 7, 2020	Oct. 7, 2020 PACER
	Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction Responses due by 10/23/2020; Replies due by 11/6/2020. (wcf)	Oct. 7, 2020	Oct. 7, 2020 PACER
	Set Motion and R&R Deadlines/Hearings	Oct. 7, 2020	Oct. 7, 2020 PACER
15	NOTICE of Appearance by Stephanie Nemore on behalf of Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis (Nemore, Stephanie)	Oct. 9, 2020	Oct. 9, 2020 PACER
16	Docket entry only - CONSENT to Magistrate Judge filed. (ckh)	Oct. 13, 2020	Oct. 13, 2020 PACER
17	LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a telephonic scheduling conference on November 18, 2020, at 11:00 am mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. Plaintiff must initiate the conference call by placing it to (208) 334-9145 and must have all appropriate parties on the line. On or before November 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)	Oct. 14, 2020	Oct. 14, 2020 PACER
18	RESPONSE to Motion re 3 MOTION re 1 Complaint, to Proceed under Pseudonym Defendants' Non-Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 10/29/2020.(Hayes, Leslie)	Oct. 15, 2020	Oct. 15, 2020 RECAP
19	RESPONSE to Motion re 6 MOTION to Seal Document 5 Sealed Document (Unredacted Declaration of John Doe) Defendants' Qualified NonOpposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 10/29/2020.(Hayes, Leslie)	Oct. 15, 2020	Oct. 15, 2020 PACER
20	DOCKET ENTRY NOTICE OF HEARING regarding 4 MOTION for Preliminary Injunction: A Motion Hearing is set for 12/7/2020 at 10:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)	Oct. 19, 2020	Oct. 19, 2020 PACER
21	STIPULATION re 4 MOTION for Preliminary Injunction Second for Extension of Time by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)	Oct. 21, 2020	Oct. 21, 2020 PACER
22	DOCKET ENTRY ORDER: Pursuant to the Parties' Stipulation (Dkt. 21 ), Defendants shall file their response to Dkt. 4 by October 30, 2020. Plaintiff's reply shall be filed by November 13, 2020. Signed by Judge B. Lynn Winmill. (wcf)	Oct. 22, 2020	Oct. 22, 2020 PACER
	Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction per docket 22. Responses due by 10/30/2020. Replies due by 11/13/2020. (ckh)	Oct. 22, 2020	Oct. 22, 2020 PACER
	Set Motion and R&R Deadlines/Hearings	Oct. 22, 2020	Oct. 22, 2020 PACER
23	MOTION to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 11/20/2020 (Hayes, Leslie)	Oct. 30, 2020	Oct. 30, 2020 RECAP
24	DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal (Dkt. 23 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Oct. 30, 2020	Oct. 30, 2020 PACER
25	RESPONSE to Motion re 4 MOTION for Preliminary Injunction Redacted filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 11/13/2020. (Attachments: # 1 Affidavit Redacted Dec McNeill, # 2 Exhibit Redacted McNeill Exh 1, # 3 Affidavit Dec Owens, # 4 Affidavit Redacted Dec Redding, # 5 Exhibit Redacted Exh 2, # 6 Exhibit Redacted Exh 3, # 7 Exhibit Redacted Exh 4, # 8 Exhibit Redacted Exh 5, # 9 Exhibit Redacted Exh 6, # 10 Exhibit Redacted Exh 7, # 11 Exhibit Redacted Exh 8, # 12 Exhibit Redacted Exh 9, # 13 Exhibit Redacted Exh 10, # 14 Exhibit Redacted Exh 11, # 15 Exhibit Redacted Exh 12, # 16 Exhibit Redacted Exh 13, # 17 Exhibit Redacted Exh 14, # 18 Exhibit Redacted Exh 15)(Hayes, Leslie)	Oct. 30, 2020	Oct. 30, 2020 PACER
26	Sealed Document Re: 4 MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit Sealed Dec McNeill, # 2 Exhibit Sealed Exh 1 McNeill, # 3 Affidavit Sealed Dec Redding, # 4 Exhibit Sealed Exh 2 Redding, # 5 Exhibit Sealed Exh 3 Redding, # 6 Exhibit Sealed Exh 4 Redding, # 7 Exhibit Sealed Exh 5 Redding, # 8 Exhibit Sealed Exh 6 Redding, # 9 Exhibit Sealed Exh 7 Redding, # 10 Exhibit Sealed Exh 8 Redding, # 11 Exhibit Sealed Exh 9 Redding, # 12 Exhibit Sealed Exh 10 Redding, # 13 Exhibit Sealed Exh 11 Redding, # 14 Exhibit Sealed Exh 12 Redding, # 15 Exhibit Sealed Exh 13 Redding, # 16 Exhibit Sealed Exh 14 Redding, # 17 Exhibit Sealed Exh 15 Redding)(Hayes, Leslie)	Oct. 30, 2020	Oct. 30, 2020 PACER
27	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by John Doe.Motion Ripe Deadline set for 11/16/2020. (Attachments: # 1 Plaintiffs Evidentiary Objections to Evidence Submitted in Support of Defendants Opposition to Plaintiffs Motion for a Preliminary Injunction)(Strugar, Matthew)	Nov. 13, 2020	Nov. 13, 2020 PACER
28	DISCOVERY PLAN by John Doe (Joint Discovery and Litigation Plan). (Strugar, Matthew)	Nov. 13, 2020	Nov. 13, 2020 PACER
29	SCHEDULING ORDER, TRACK: (Legal). IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by July 30, 2021. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before March 11, 2021. ADR must be held by June 11, 2021. All fact discovery must be completed by July 6, 2021. The Court will conduct a telephonic interim status conference on June 3, 2021 at 2:00 p.m. Plaintiff must initiate the conference call by placing it to (208) 334-9145 and must have all appropriate parties on the line. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)	Nov. 18, 2020	Nov. 18, 2020 PACER
30	Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Hayes, Leslie)	Nov. 20, 2020	Nov. 20, 2020 RECAP
31	SEALED MOTION Defendants' Motion to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Hayes, Leslie)	Nov. 20, 2020	Nov. 20, 2020 PACER
32	Sealed Memorandum ISO Defendants'MTD Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Attachments: # 1 Exhibit 1 Sealed, # 2 Exhibit 2 Sealed)(Hayes, Leslie) Modified on 2/4/2021 to term motion(alw).	Nov. 20, 2020	Nov. 20, 2020 PACER
33	REDACTION to 30 Motion to Dismiss for Failure to State a Claim Redacted Memorandum ISO MTD by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Attachments: # 1 Exhibit 1 redacted, # 2 Exhibit 2 redacted)(Hayes, Leslie)	Nov. 23, 2020	Nov. 23, 2020 PACER
34	REDACTION to 30 Motion to Dismiss for Failure to State a Claim Redacted Motion to Seal by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)	Nov. 23, 2020	Nov. 23, 2020 PACER
35	NOTICE by John Doe re 4 MOTION for Preliminary Injunction Withdrawal of Motion for Preliminary Injunction (Strugar, Matthew)	Dec. 1, 2020	Dec. 1, 2020 PACER
36	DOCKET ENTRY ORDER: Pursuant to the Plaintiff's Notice of Withdrawal of Motion for Preliminary Injunction (Dkt. 35 ) the hearing on the Motion for Preliminary Injunction (Dkt. 4, 20 ) is VACATED. Signed by Judge B. Lynn Winmill. (wcf)	Dec. 2, 2020	Dec. 2, 2020 PACER
37	DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal 31 is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Dec. 2, 2020	Dec. 2, 2020 PACER
38	ERRATA by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis re 25 Response to Motion,,, Corrected Exh 1 to Decl. McNeill original exhibit 1 [Dkt. 25.2] to be sealed. (Attachments: # 1 Exhibit Corrected Exh. 1 to Dec. McNeil)(Hayes, Leslie)	Dec. 3, 2020	Dec. 3, 2020 PACER
	The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw)	Dec. 8, 2020	Dec. 8, 2020 PACER
	Expired 60 Day ddl re Consents	Dec. 8, 2020	Dec. 8, 2020 PACER
39	AMENDED COMPLAINT against All Defendants, filed by John Doe, Randall Menges. (Attachments: # 1 Redline Version of Amended Complaint)(Strugar, Matthew) 1 Redline Version of Amended Complaint View on PACER	Dec. 11, 2020	Dec. 11, 2020 Clearinghouse
40	RESPONSE to Motion re 30 Motion to Dismiss for Failure to State a Claim filed by John Doe, Randall Menges. Replies due by 12/28/2020.(Strugar, Matthew)	Dec. 11, 2020	Dec. 11, 2020 PACER
41	ORDER. IT IS ORDERED that Plaintiff's Motion to Proceed Under Pseudonym (Dkt. 3 ) is GRANTED. Plaintiff's Motion to Seal (Dkt. 6) is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 12/28/2020)	Dec. 23, 2020	Dec. 23, 2020 RECAP
42	Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Attachments: # 1 Memorandum in Support Redacted, # 2 Exhibit 1 Redacted, # 3 Exhibit 2 Redacted, # 4 Exhibit 3)(Hayes, Leslie) 1 Memorandum in Support Redacted View on RECAP 2 Exhibit 1 Redacted View on PACER 3 Exhibit 2 Redacted View on PACER 4 Exhibit 3 View on PACER	Dec. 28, 2020	Dec. 28, 2020 PACER
43	MOTION to File Overlength Brief re 42 Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Hayes, Leslie)	Dec. 28, 2020	Dec. 28, 2020 PACER
44	MOTION to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Hayes, Leslie)	Dec. 28, 2020	Dec. 28, 2020 PACER
45	Sealed Document Re: 42 Motion to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit 1 Sealed, # 2 Exhibit 2 Sealed)(Hayes, Leslie)	Dec. 28, 2020	Dec. 28, 2020 PACER
46	Joint MOTION for Leave to File Excess Pages and Combined Brief in Opposition to Defendants' Renewed Motion to Dismiss and in Support of Plaintiffs' Renewed Motion for Summary Judgment Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/4/2021 (Strugar, Matthew)	Jan. 14, 2021	Jan. 14, 2021 PACER
47	DOCKET ENTRY ORDER: For good cause appearing: Defendants' Motion to File Overlength Brief (Dkt. 43 ) is GRANTED. Defendants' Motion to Seal is GRANTED (Dkt. 44 ) and the documents identified in the motion shall be filed under seal. Plaintiffs' Motion for Leave to File Consolidated Overlength Brief (Dkt. 46 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Jan. 15, 2021	Jan. 15, 2021 PACER
48	MEMORANDUM in Opposition re 42 Motion to Dismiss for Failure to State a Claim filed by John Doe, Randall Menges. Replies due by 2/2/2021. (Attachments: # 1 Plaintiffs' Evidentiary Objections to Evidence Submitted in Support of Defendants' Motion to Dismiss)(Strugar, Matthew)	Jan. 19, 2021	Jan. 19, 2021 PACER
49	MOTION for Preliminary Injunction Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/9/2021 (Attachments: # 1 Memorandum in Support Combined Brief in Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary Injunction (redacted), # 3 Declaration of Randall Menges in Support of Plaintiffs' Motion for a Preliminary Injunction)(Strugar, Matthew) 1 Memorandum in Support Combined Brief in Opposition to Defendants' Motion to View on PACER 2 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary View on PACER 3 Declaration of Randall Menges in Support of Plaintiffs' Motion for a Preli View on PACER	Jan. 19, 2021	Jan. 19, 2021 PACER
50	MOTION to Seal Document 49 MOTION for Preliminary Injunction, 48 Memorandum in Opposition to Motion, Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/9/2021 (Strugar, Matthew)	Jan. 19, 2021	Jan. 19, 2021 RECAP
51	Sealed Document Re: 49 MOTION for Preliminary Injunction, 48 Memorandum in Opposition to Motion,. (Attachments: # 1 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary Injunction)(Strugar, Matthew)	Jan. 19, 2021	Jan. 19, 2021 PACER
52	DOCEKT ENTRY ORDER: Plaintiffs' Motion to File Under Seal (Dkt. 50 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Feb. 1, 2021	Feb. 1, 2021 PACER
53	REPLY to Response to Motion re 42 Motion to Dismiss for Failure to State a Claim, 49 MOTION for Preliminary Injunction Redacted Reply Brief ISO Renewed Motion to Dismiss filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills.Motion Ripe Deadline set for 2/3/2021.(Hayes, Leslie)	Feb. 2, 2021	Feb. 2, 2021 PACER
54	MOTION for Leave to File Excess Pages Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 2/23/2021 (Hayes, Leslie)	Feb. 2, 2021	Feb. 2, 2021 PACER
55	MOTION to Seal Defendants Reply ISO Defendants' Renewed MTD Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 2/23/2021 (Hayes, Leslie)	Feb. 2, 2021	Feb. 2, 2021 PACER
56	Sealed Document Re: 53 Reply to Response to Motion,. (Hayes, Leslie)	Feb. 2, 2021	Feb. 2, 2021 PACER
57	ERRATA by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills re 54 MOTION for Leave to File Excess Pages . (Attachments: # 1 Errata Corrected Mtn for Overlength Brief)(Hayes, Leslie)	Feb. 2, 2021	Feb. 2, 2021 PACER
58	DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion for Leave to File Excess Pages (Dkt. 54 ) and Motion to Seal (Dkt. 55 ) are GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Feb. 3, 2021	Feb. 3, 2021 PACER
59	RESPONSE to Motion re 49 MOTION for Preliminary Injunction Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Replies due by 2/23/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hayes, Leslie)	Feb. 9, 2021	Feb. 9, 2021 PACER
60	SEALED RESPONSE to Motion re 49 MOTION for Preliminary Injunction Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Replies due by 2/23/2021.(Hayes, Leslie)	Feb. 9, 2021	Feb. 9, 2021 PACER
61	MOTION to Seal Document 60 Sealed Response to Motion Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 3/2/2021 (Hayes, Leslie)	Feb. 9, 2021	Feb. 9, 2021 PACER
62	DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal Opposition to Renewed Motion for Preliminary Injunction (Dkt. 61 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	Feb. 10, 2021	Feb. 10, 2021 PACER
63	DOCKET ENTRY NOTICE OF HEARING regarding 42 Motion to Dismiss for Failure to State a Claim and 49 MOTION for Preliminary Injunction: A Video Motion Hearing is set for 4/7/2021 at 3:30 PM by Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)	Feb. 23, 2021	Feb. 23, 2021 PACER
64	REPLY to Response to Motion re 49 MOTION for Preliminary Injunction (redacted) filed by John Doe, Randall Menges.Motion Ripe Deadline set for 2/24/2021.(Strugar, Matthew)	Feb. 23, 2021	Feb. 23, 2021 PACER
65	MOTION to Seal Document 64 Reply to Response to Motion Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 3/16/2021 (Strugar, Matthew)	Feb. 23, 2021	Feb. 23, 2021 PACER
66	Sealed Document Re: 64 Reply to Response to Motion. (Strugar, Matthew)	Feb. 23, 2021	Feb. 23, 2021 PACER
67	DOCKET ENTRY ORDER: Good cause appearing, Plaintiffs' Motion to File Under Seal (Dkt. 65 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)	March 8, 2021	March 8, 2021 PACER
68	Consent MOTION Extend Pre-Trial Dates re 29 Order,,,, Set Deadlines/Hearings,,, Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 4/1/2021 (Strugar, Matthew)	March 11, 2021	March 11, 2021 RECAP
69	ORDER GRANTING JOINT STIPULATION AND MOTION TO EXTEND PRE-TRIAL DATES re: 68 Motion. IT IS ORDERED THAT the currently scheduled pre-trial dates are extended. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 03/13/2021)	March 12, 2021	March 12, 2021 RECAP
70	DOCKET ENTRY NOTICE OF HEARING regarding 42 Motion to Dismiss for Failure to State a Claim and 49 MOTION for Preliminary Injunction: A Video Motion Hearing is set for 4/7/2021 at 3:30 PM by Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 001 9701, Meeting Passcode: 486137. 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.(jlg)	April 2, 2021	April 2, 2021 PACER
71	NOTICE by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills of New Information (Attachments: # 1 Affidavit Declaration of Counsel, # 2 Exhibit Exhibit A Counsel, # 3 Affidavit Declaration of Redding, # 4 Exhibit Exhibit A Redding)(Hayes, Leslie) 1 Affidavit Declaration of Counsel View on RECAP 2 Exhibit Exhibit A Counsel View on RECAP 3 Affidavit Declaration of Redding View on RECAP 4 Exhibit Exhibit A Redding View on RECAP	April 6, 2021	April 6, 2021 RECAP
	CORRECTIVE ENTRY - The entry was filed using the incorrect event. The filing party shall re-submit their filing using the 'Supplement' event under Motions.(kt)	April 6, 2021	April 6, 2021 PACER
72	MOTION to Supplement Pleadings Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 4/27/2021 (Attachments: # 1 Affidavit Decl Counsel, # 2 Exhibit A Counsel, # 3 Affidavit Decl Redding, # 4 Exhibit A Redding)(Hayes, Leslie) 1 Affidavit Decl Counsel View on PACER 2 Exhibit A Counsel View on PACER 3 Affidavit Decl Redding View on PACER 4 Exhibit A Redding View on PACER	April 6, 2021	April 6, 2021 PACER
	Corrective Entry	April 6, 2021	April 6, 2021 PACER
73	RESPONSE to Motion re 72 MOTION to Supplement Pleadings filed by John Doe, Randall Menges. Replies due by 4/21/2021.(Strugar, Matthew)	April 7, 2021	April 7, 2021 PACER
74	Docket Text Minute Entry for proceedings held before Judge B. Lynn Winmill: A Video Motion Hearing was held on 4/7/2021 re 42 Motion to Dismiss for Failure to State a Claim and 49 Motion for Preliminary Injunction. Appearances - Matthew Strugar for the Plaintiff and Leslie Hayes for the Defendant. The Court deemed the matter under advisement. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner. Time on the record: 3:32 - 4:26 p.m.) (jlg) (Entered: 04/09/2021)	April 7, 2021	April 7, 2021 PACER
75	Notice of Filing of Official Transcript of Proceedings held on 4/7/2021 before Judge B. Lynn Winmill. Court Reporter Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 until release of transcript restriction re 74 Motion Hearing,. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/12/2021. Release of Transcript Restriction set for 7/12/2021. (th)	April 11, 2021	April 11, 2021 PACER
76	Transcript Redaction Request by attorney Richard Alan Eppink. (Eppink, Richard)	April 16, 2021	April 16, 2021 PACER
77	Redaction of Motion Hearing 75 Transcript. (kt) (Entered: 04/21/2021)	April 20, 2021	April 20, 2021 PACER
78	NOTICE by John Doe, Randall Menges re 42 Motion to Dismiss for Failure to State a Claim, 49 MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Order in Menges v. Knudsen)(Strugar, Matthew)	May 12, 2021	May 12, 2021 PACER
79	NOTICE: The Telephonic Status Conference set for June 3, 2021 is vacated. (wcf)	June 1, 2021	June 1, 2021 PACER
80	MOTION FOR PRO HAC VICE APPEARANCE by Aadika Singh. ( Filing fee $ 250 receipt number AIDDC-2263727.)Richard Alan Eppink appearing for Plaintiffs John Doe, Randall Menges. Responses due by 9/17/2021 (Eppink, Richard)	Aug. 27, 2021	Aug. 27, 2021 PACER
81	DOCKET ENTRY ORDER approving 80 Motion for Pro Hac Vice Appearance of attorney Aadika Jaspal Singh for John Doe and Randall Menges. 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 (kt)	Aug. 27, 2021	Aug. 27, 2021 PACER
82	SEALED ORDER re: 30 Motion to Dismiss for Failure to State a Claim, 42 Motion to Dismiss for Failure to State a Claim, 49 Motion for Preliminary Injunction, 72 Motion to Supplement. Signed by Judge B Lynn Winmill.(slm) Modified on 9/7/2021 correct docket text as Order is sealed (km).	Sept. 4, 2021	Sept. 4, 2021 PACER
83	SEALED AMENDED ORDER re: 30 Motion to Dismiss for Failure to State a Claim, 42 Motion to Dismiss for Failure to State a Claim, 49 Motion for Preliminary Injunction, 72 Motion to Supplement. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 09/09/2021)	Sept. 8, 2021	Sept. 8, 2021 PACER
84	AMENDED MEMORANDUM DECISION AND ORDER (REDACTED). Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 09/09/2021)	Sept. 8, 2021	Sept. 8, 2021 Clearinghouse
85	NOTICE of Substitution - Attorney Dayton Patrick Reed for Individual Members of the Idaho Code Commission,Dayton Patrick Reed for Lelia McNeil,Dayton Patrick Reed for Lawrence Wasden,Dayton Patrick Reed for Kedrick Wills added. Attorney Stephanie Nemore terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Reed, Dayton)	Oct. 1, 2021	Oct. 1, 2021 PACER
86	NOTICE OF APPEAL 21-35826 as to 83 Sealed Order,, Memorandum Decision,,, 82 Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion for Preliminary Injunction,, Order on Motion to Supplement, by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Filing Fee PAID. $ 505, receipt number AIDDC-2281630. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Cover Sheet Representation Statement)(Hayes, Leslie) Modified on 10/1/2021 to add USCA case number (kt). Modified on 10/12/2021 to indicate payment made(kt). 1 Cover Sheet Representation Statement View on PACER	Oct. 1, 2021	Oct. 1, 2021 RECAP
87	USCA Case Number 21-35826 for 86 Notice of Appeal,, filed by Lawrence Wasden, Lelia McNeil, Individual Members of the Idaho Code Commission, Kedrick Wills. (kt)	Oct. 1, 2021	Oct. 1, 2021 PACER
88	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by John Doe, Randall Menges. (Strugar, Matthew)	Oct. 8, 2021	Oct. 8, 2021 PACER