Case: Matsumoto v. Labrador

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT for Declaratory Judgment against Raul Labrador ( Filing fee $ 402 receipt number AIDDC-2596238.), filed by Lourdes Matsumoto, Northwest Abortion Access Fund, Indigenous Idaho Alliance. (Attachments: # 1 Summons to Raul Labrador, # 2 Cover Sheet Civil Cover Sheet)(Olson, Wendy)

1 Summons to Raul Labrador

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2 Cover Sheet Civil Cover Sheet

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Corporate Disclosure Statement by Indigenous Idaho Alliance. (Olson, Wendy)

Corporate Disclosure Statement by Northwest Abortion Access Fund. (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Wendy Heipt. ( Filing fee $ 250 receipt number AIDDC-2596306.)Wendy Olson appearing for Plaintiffs Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Responses due by 8/1/2023 (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Paige Butler Suelzle. ( Filing fee $ 250 receipt number AIDDC-2596315.)Wendy Olson appearing for Plaintiffs Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Responses due by 8/1/2023 (Olson, Wendy)

MOTION FOR PRO HAC VICE APPEARANCE by Jamila Johnson. ( Filing fee $ 250 receipt number AIDDC-2596319.)Wendy Olson appearing for Plaintiffs Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Responses due by 8/1/2023 (Olson, Wendy)

DOCKET ENTRY ORDER approving dkt. 4, dkt 5 and dkt. 6 Motion for Pro Hac Vice Appearance of attorney Wendy Heipt,Paige Butler Suelzle, and Jamila Johnson for Lourdes Matsumoto, et al. 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 (ac) (Entered: 07/12/2023)

Summons Issued as to Raul Labrador. (Print attached Summons for service.) (ac)

WAIVER OF SERVICE Returned Executed by Lourdes Matsumoto, Northwest Abortion Access Fund, Indigenous Idaho Alliance. Raul Labrador waiver sent on 7/18/2023, answer due 9/18/2023. (Olson, Wendy)

NOTICE of Appearance by Lincoln Davis Wilson on behalf of Raul Labrador (Wilson, Lincoln)

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Indigenous Idaho Alliance, Raul Labrador, Lourdes Matsumoto, Northwest Abortion Access Fund re dkt. 1 Complaint, and dkt. 10 Notice of Appearance. Consent/Objection to Magistrate due by 9/18/2023. (ac)

MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction Wendy Olson appearing for Plaintiffs Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Responses due by 8/14/2023 (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order, or in the Alternative, A Preliminary Injunction, # 2 Declaration of Wendy J. Olson, # 3 Exhibit 1 to Declaration of Wendy J. Olson, # 4 Exhibit 2 to Declaration of Wendy J. Olson, # 5 Exhibit 3 to Declaration of Wendy J. Olson, # 6 Exhibit 4 to Declaration of Wendy J. Olson, # 7 Declaration of Lourdes Annette Matsumoto, # 8 Declaration of tai simpson, # 9 Declaration of Megan Kovacs)(Olson, Wendy) Lodging received of 1 Flash drive and maintained in the clerk's office file room. Modified on 7/24/2023 to add lodging info.(ac).

1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order

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2 Declaration of Wendy J. Olson

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3 Exhibit 1 to Declaration of Wendy J. Olson

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4 Exhibit 2 to Declaration of Wendy J. Olson

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5 Exhibit 3 to Declaration of Wendy J. Olson

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6 Exhibit 4 to Declaration of Wendy J. Olson

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7 Declaration of Lourdes Annette Matsumoto

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8 Declaration of tai simpson

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9 Declaration of Megan Kovacs

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DOCKET ENTRY ORDER - Upon review of the docket in this matter, and Plaintiffs motion for a temporary restraining order or, alternative, a preliminary injunction (Dkt. 12), the Court finds good cause to shorten the deadline within which to consent to the jurisdiction of a magistrate judge. (Dkt. 11.) The parties shall have up through and including August 8, 2023, within which to consent to proceed before a magistrate judge. Signed by US Magistrate Judge Debora K Grasham. by (lt)

MOTION FOR PRO HAC VICE APPEARANCE by Christina Sepe. ( Filing fee $ 250 receipt number AIDDC-2605747.)Emily A Mac Master appearing for Amicus Proposed Amici State of Washington et al.. Responses due by 8/18/2023 (Mac Master, Emily)

MOTION FOR PRO HAC VICE APPEARANCE by Emma Grunberg. ( Filing fee $ 250 receipt number AIDDC-2605755.)Emily A Mac Master appearing for Amicus Proposed Amici State of Washington et al.. Responses due by 8/18/2023 (Mac Master, Emily)

MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction Lincoln Davis Wilson appearing for Defendant Raul Labrador. Responses due by 8/21/2023 (Wilson, Lincoln)

DOCKET ENTRY ORDER approving 14 Motion for Pro Hac Vice Appearance of attorney Cristina Sepe and Emma Grunberg for Proposed Amici State of Washington et al. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk); granting 15 Motion for Pro Hac Vice Appearance of attorney Cristina Sepe,Emma Grunberg for Proposed Amici State of Washington et al. 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 (jd)

DISREGARD - NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Proposed Amici State of Washington et al. re 14 and 15 Motion for Pro Hac Vice Appearance. Consent/Objection to Magistrate due by 9/29/2023. (jd) Modified on 8/2/2023, see corrective entry (jd).

DISREGARD - Amicus Curiae APPEARANCE entered by Emma Grunberg on behalf of Proposed Amici State of Washington et al.. (Attachments: # 1 Amicus Brief)(Grunberg, Emma) Modified on 8/1/2023, duplicate filing please refer to dkt. 20 (jd).

1 Amicus Brief

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First MOTION to File Amicus Brief Emma Grunberg appearing for Amicus Proposed Amici State of Washington et al.. Responses due by 8/21/2023 (Attachments: # 1 Amicus Brief)(Grunberg, Emma)

1 Amicus Brief

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Corrective Entry

CORRECTIVE ENTRY - The entry docket number 18 Notice of Assignment Setting Deadline was filed in error. Please disregard.(jd)

Set Motion and R&R Deadlines/Hearings

DOCKET ORDER Setting Briefing Deadlines. Plaintiffs' Response to Defendant's Motion for Extension of Time (Dkt. 16) is due on or before August 4, 2023 at noon (MT). Any Reply must be filed no later than August 8, 2023. Signed by US Magistrate Judge Debora K Grashamby (lt)

Set/Reset Deadlines as to dkt. 16 MOTION for Extension of Time to File Response/Reply as to 12 . Responses due by 8/4/2023 Replies due by 8/8/2023. (ac)

Docket entry only - CONSENT to Magistrate Judge filed. (ac)

RESPONSE to Motion re 16 MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction filed by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Replies due by 8/17/2023. (Attachments: # 1 Declaration of Olson in Support of Response, # 2 Exhibit A to Olson Declaration)(Olson, Wendy)

1 Declaration of Olson in Support of Response

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2 Exhibit A to Olson Declaration

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REPLY to Response to Motion re 16 MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction filed by Raul Labrador.Motion Ripe Deadline set for 8/7/2023.(Wilson, Lincoln)

ORDER RE: DEFENDANT'S MOTION FOR EXTENSION OF TIME (DKT. 16 ) - IT IS HEREBY ORDERED that the Motion for Extension of Time (Dkt. 16 ) is GRANTED. Defendant's response to the Motion for Temporary Restraining Order or, in the alternative, Preliminary Injunction is due on or before August 28, 2023. Responses due by 8/28/2023. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

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

AMENDED ORDER RE: DEFENDANTS MOTION FOR EXTENSION OF TIME (DKT. 16 ) - IT IS HEREBY ORDERED that the Motion for Extension of Time (Dkt. 16 ) is GRANTED. Defendants response to the Motion for Temporary Restraining Order or, in the alternative, Preliminary Injunction is due on or before August 28, 2023. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

Set/Reset Deadlines as to dkt. 12 MOTION for TRO. Responses due by 8/28/2023 (ac)

Set Motion and R&R Deadlines/Hearings

DOCKET ENTRY NOTICE of Hearing on Motions: 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction; 20 First MOTION to File Amicus Brief - Motion Hearing set for 9/14/2023 01:30 PM in Boise - Courtroom 6 before US Magistrate Judge Debora K Grasham. (at)

NOTICE of Appearance by James Edward Monroe Craig on behalf of Raul Labrador (Craig, James)

RESPONSE to Motion re 20 First MOTION to File Amicus Brief Non-Opposition to Motion filed by Raul Labrador. Replies due by 9/5/2023.(Craig, James)

ORDER RE: MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF AND CROSS MOTION FOR LEAVE TO EXCEED PAGE LIMITATIONS (DKTS. 20, 30 ) - IT IS HEREBY ORDERED as follows: The Motion for Leave to File Amici Curiae Brief (Dkt. 20 ) is GRANTED. The Amici Curiae brief attached to the motion (Dkt. 20-1) is now part of the record and will be considered by the Court for purposes of deciding Plaintiffs' Motion for Temporary Restraining Order or, in the alternative, a Preliminary Injunction. The Motion for Leave to Exceed Page Limitations (Dkt. 30 ) is GRANTED. Defendant's response to Plaintiffs' Motion for Temporary Restraining Order or, in the alternative, a Preliminary Injunction may be a total of thirty (30) pages. Plaintiffs' reply brief may be a total of seventeen (17) pages. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

MEMORANDUM in Opposition re 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction filed by Raul Labrador. Replies due by 9/11/2023. (Attachments: # 1 Declaration of Lincoln Davis Wilson, # 2 Exhibit 1 to Declaration of Lincoln Davis Wilson, # 3 Exhibit 2 to Declaration of Lincoln Davis Wilson, # 4 Exhibit 3 to Declaration of Lincoln Davis Wilson)(Wilson, Lincoln)

1 Declaration of Lincoln Davis Wilson

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2 Exhibit 1 to Declaration of Lincoln Davis Wilson

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3 Exhibit 2 to Declaration of Lincoln Davis Wilson

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4 Exhibit 3 to Declaration of Lincoln Davis Wilson

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AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction - Motion Hearing set for 9/14/2023 01:30 PM in Boise - Courtroom 2 before US Magistrate Judge Debora K Grasham. (same date/time as previously set, change in courtroom location only) (at)

REPLY to Response to Motion re 12 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction filed by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund.Motion Ripe Deadline set for 9/12/2023.(Olson, Wendy)

MOTION to Dismiss James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 10/3/2023 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Craig, James)

1 Memorandum in Support of Motion to Dismiss

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Notice of Filing of Official Transcript of Proceedings held on 09/14/2023 before Judge Debora K. Grasham. Transcriber Tamara Weber, Email tammy@canyontranscription.com. Transcript may be viewed at the court public terminal or purchased through the 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 until release of transcript restriction. Redaction Request due 10/20/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/28/2023. (dmv) (Entered: 10/02/2023)

RESPONSE to Motion re 35 MOTION to Dismiss filed by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Replies due by 10/17/2023.(Olson, Wendy)

NOTICE by Raul Labrador of Withdrawal of Counsel (Wilson, Lincoln)

REPLY to Response to Motion re 35 MOTION to Dismiss filed by Raul Labrador.Motion Ripe Deadline set for 10/18/2023.(Craig, James)

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion forPreliminary Injunction (Dkt. 12 ) is GRANTED. Attorney General Ral Labrador, in his official capacity as Attorney General of the State of Idaho, is HEREBY ENJOINED from enforcing Idaho Code Section 18-623, effective as of the date of this order and lasting until otherwise ordered by the Court. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Dkt. 35 ) is GRANTED IN PART AND DENIED IN PART. The Motion is granted as to the third claim for relief, which is DISMISSED WITHOUT PREJUDICE. The Motion is denied as to the first, second, and fourth claims for relief. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before November 29, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 12/6/2023 09:00 AM in Telephonic Hearing - Boise Chambers before US Magistrate Judge Debora K Grasham. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

NOTICE OF APPEAL as to 41 Order on Motion to Dismiss, 40 Order on Motion for TRO,, by Raul Labrador. Filing Fee Due. $ 505, receipt number AIDDC-2664390. (Notice sent to Court Reporter & 9th Cir) (Craig, James)

MOTION to Stay re 40 Order on Motion for TRO,, James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 12/18/2023 (Attachments: # 1 Memorandum in Support of Motion to Stay Injunction Pending Appeal)(Craig, James)

1 Memorandum in Support of Motion to Stay Injunction Pending Appeal

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USCA Case Number 23-3787 for dkt. 43 Notice of Appeal. (ac)

Consent MOTION to Vacate 42 Litigation Order, Unopposed James Edward Monroe Craig appearing for Defendant Raul Labrador. Responses due by 12/20/2023 (Craig, James)

ORDER RE: MOTION TO VACATE LITIGATION ORDER (DKT. 46) - IT IS HEREBY ORDERED that the Motion to Vacate (Dkt. 46 ) is GRANTED. The Litigation Order and December 6, 2023 Telephonic Scheduling Conference are VACATED. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

TRANSCRIPT REQUEST Designation Form by Raul Labrador for proceedings held on 09/14/2023 before Judge Debora K. Grasham.. (Craig, James)

RESPONSE to Motion re 44 MOTION to Stay re 40 Order on Motion for TRO,, filed by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. Replies due by 1/1/2024.(Olson, Wendy)

MEMORANDUM in Support re 44 MOTION to Stay re 40 Order on Motion for TRO,, filed by Raul Labrador. (Attachments: # 1 Declaration of James E. M. Craig, # 2 Exhibit A to Declaration - Decision and Order on Motion to Dismiss)(Craig, James)

1 Declaration of James E. M. Craig

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2 Exhibit A to Declaration - Decision and Order on Motion to Dismiss

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ORDER RE: MOTION TO STAY (DKT. 44) - IT IS HEREBY ORDERED that the Motion to Stay the Court's Preliminary Injunction (Dkt. 44 ) is DENIED.IT IS FURTHER ORDERED that further proceedings in this case are STAYED pending appeal. See Chuman v. Wright, 960 F.2d 104, 105 (9th Cir. 1992) (where an interlocutory claim is immediately appealable, its filing divests the district court of jurisdiction to proceed with trial); SolarCity Corp. v. Salt River Proj. Ag. Improvement, 859 F.3d 720, 725 (9th Cir. 2017) (collateral order doctrine allows interlocutory appeals of denials of Eleventh Amendment immunity).Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

ORDER of USCA (USCA No. 23-3787) "The court has received appellants emergency motion. The response to the motion is due January 25, 2024. Any reply is due by 12:00 p.m. Pacific Time on January 29, 2024."(ac) (Entered: 01/25/2024)

OPINION of USCA ( USCA No.23-3787) "The parties shall bear their own costs on appeal. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. " As to 43 Notice of Appeal filed by Raul Labrador. (Attachments: # 1 USCA Web cite 1 of 2, # 2 USCA Web cite 2 of 2, # 3 USCA Post Judgement Form)(ac)

1 USCA Web cite 1 of 2

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2 USCA Web cite 2 of 2

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3 USCA Post Judgement Form

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MANDATE of USCA ( USCA No. 23-3787) " The judgment of this Court, entered December 02, 2024, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure." As to dkt. 43 Notice of Appeal filed by Raul Labrador. (ac)

MOTION to Modify Injunction Wendy Olson appearing for Plaintiffs Lourdes Matsumoto, Northwest Abortion Access Fund, Indigenous Idaho Alliance. Responses due by 2/13/2025 (Attachments: # 1 Exhibit A to Motion to Modify Injunction, # 2 Exhibit B to Motion to Modify Injunction)(Olson, Wendy)

1 Exhibit A to Motion to Modify Injunction

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2 Exhibit B to Motion to Modify Injunction

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RESPONSE to Motion re 55 MOTION to Modify Injunction filed by Raul Labrador. Replies due by 2/27/2025.(Craig, James)

REPLY to Response to Motion re 55 MOTION to Modify Injunction filed by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund.Motion Ripe Deadline set for 2/28/2025.(Olson, Wendy)

ORDER MODIFYING PRELIMINARY INJUNCTION - the Stay of proceedings (Dkt. 51 ) is LIFTED. The Motion to Modify Preliminary Injunction (Dkt. 55 ) is GRANTED IN PART AND DENIED IN PART. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Set Deadlines/Hearings: Case Management deadline set for 3/21/2025. (jd)

NOTICE of Appearance by Aaron Michael Green on behalf of Raul Labrador (Green, Aaron)

NOTICE of Appearance by Brian V Church on behalf of Raul Labrador (Church, Brian)

DISCOVERY PLAN by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund . (Olson, Wendy)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Indigenous Idaho Alliance, Lourdes Matsumoto, Northwest Abortion Access Fund. (Olson, Wendy)

DISCOVERY PLAN by Raul Labrador Defendant's Proposed Discovery Plan. (Green, Aaron)

SCHEDULING ORDER - All dispositive motions, including motions for punitive damages, must be filed by November 20, 2025. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before June 17, 2025. ADR must be held by July 23, 2025. All fact discovery must be completed by October 23, 2025. The Court will conduct a status conference with the parties on October 7, 2025 at 9:30 a.m. Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

ANSWER to 1 Complaint, by Raul Labrador.(Green, Aaron)