Case: Slusser v. Mountain West Conference

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT against Laura Alexander, Laura (I) Alexander, Board of Trustees of the California State University, Todd Kress, Todd (I) Kress, Michelle McDonald Smith, Michelle (I) McDonald Smith, Gloria Nevarez, The Mountain West Conference (Filing fee $ 405,Receipt Number ACODC-9983812)Attorney William Bock, III added to party Jordan Sandy(pty:pla), Attorney William Bock, III added to party Katelyn Van Kirk(pty:pla), Attorney William Bock, III added to party Kiersten Van Kirk(pty:pla), Attorney William Bock, III added to party Brooke Slusser(pty:pla), Attorney William Bock, III added to party Alyssa Sugai(pty:pla), Attorney William Bock, III added to party Elle Patterson(pty:pla), Attorney William Bock, III added to party Melissa Batie-Smoose(pty:pla), Attorney William Bock, III added to party Aleah Liilii(pty:pla), Attorney William Bock, III added to party Nicanora Clarke(pty:pla), Attorney William Bock, III added to party Kaylie Ray(pty:pla), Attorney William Bock, III added to party Macey Boggs(pty:pla), Attorney William Bock, III added to party Sierra Grizzle(pty:pla), filed by Katelyn Van Kirk, Kaylie Ray, Alyssa Sugai, Brooke Slusser, Nicanora Clarke, Elle Patterson, Sierra Grizzle, Kiersten Van Kirk, Macey Boggs, Melissa Batie-Smoose, Jordan Sandy, Aleah Liilii. (Attachments: # 1 Appendix A Mountain West Handbook 2024-25, # 2 Appendix B Memorandum of Understanding for MWC Grant of Rights Agreement, # 3 Appendix C NCAA Transgender Eligibility Policies, # 4 Appendix D ICONS Letter to Boise State, # 5 Appendix E Letter from members of UNR Women's Volleyball Team, # 6 Appendix F Slusser IG Post, # 7 Appendix G 2024-10-27 Email from Kress to Batie-Smoose, # 8 Appendix H SJSU Title IX Email Exchange, # 9 Summons Mountain West Conference, # 10 Summons Gloria Nevarez, # 11 Summons Board of Trustees of the California State University, # 12 Summons Laura Alexander, # 13 Summons Todd Kress, # 14 Summons Michelle McDonald Smith, # 15 Civil Cover Sheet)(Bock, William) (Entered: 11/13/2024)

1 Appendix A Mountain West Handbook 2024-25

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2 Appendix B Memorandum of Understanding for MWC Grant of Rights Agreement

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3 Appendix C NCAA Transgender Eligibility Policies

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4 Appendix D ICONS Letter to Boise State

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5 Appendix E Letter from members of UNR Women's Volleyball Team

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6 Appendix F Slusser IG Post

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7 Appendix G 2024-10-27 Email from Kress to Batie-Smoose

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8 Appendix H SJSU Title IX Email Exchange

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9 Summons Mountain West Conference

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10 Summons Gloria Nevarez

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11 Summons Board of Trustees of the California State University

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12 Summons Laura Alexander

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13 Summons Todd Kress

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14 Summons Michelle McDonald Smith

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15 Civil Cover Sheet

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NOTICE of Entry of Appearance by William Bock, III on behalf of Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Melissa Batie-Smoose, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle (Bock, William) (Entered: 11/13/2024)

NOTICE of Entry of Appearance by Justin Ross Olson on behalf of Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Melissa Batie-Smoose, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra GrizzleAttorney Justin Ross Olson added to party Jordan Sandy(pty:pla), Attorney Justin Ross Olson added to party Katelyn Van Kirk(pty:pla), Attorney Justin Ross Olson added to party Kiersten Van Kirk(pty:pla), Attorney Justin Ross Olson added to party Brooke Slusser(pty:pla), Attorney Justin Ross Olson added to party Alyssa Sugai(pty:pla), Attorney Justin Ross Olson added to party Elle Patterson(pty:pla), Attorney Justin Ross Olson added to party Melissa Batie-Smoose(pty:pla), Attorney Justin Ross Olson added to party Aleah Liilii(pty:pla), Attorney Justin Ross Olson added to party Nicanora Clarke(pty:pla), Attorney Justin Ross Olson added to party Kaylie Ray(pty:pla), Attorney Justin Ross Olson added to party Macey Boggs(pty:pla), Attorney Justin Ross Olson added to party Sierra Grizzle(pty:pla) (Olson, Justin) (Entered: 11/13/2024)

Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (echa, ) (Entered: 11/13/2024)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) (Entered: 11/13/2024)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons) (echa, ) (Entered: 11/13/2024)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 11/14/2024. Text Only Entry (skcja, ) (Entered: 11/14/2024)

Unopposed MOTION for Leave to File Excess Pages for Emergency Motion for a Preliminary Injunction by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Attachments: # 1 Proposed Order (PDF Only))(Bock, William) (Entered: 11/14/2024)

1 Proposed Order (PDF Only)

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Order Referring Case to Magistrate Judge

MINUTE ORDER re: 9 Order on Unopposed Motion for Leave to File an Emergency Motion for a Preliminary Injunction in Excess of Fifteen Pages (Order). The Court ORDERS counsel for Plaintiffs to provide a copy of the Order to Defendants' respective counsels today. SO ORDERED by Judge S. Kato Crews on 11/15/2024. Text Only Entry (Entered: 11/15/2024)

NOTICE of Entry of Appearance Appearance of Counsel by Helen E. White on behalf of Board of Trustees of the California State University, Laura Alexander, Todd KressAttorney Helen E. White added to party Board of Trustees of the California State University(pty:dft), Attorney Helen E. White added to party Laura Alexander(pty:dft), Attorney Helen E. White added to party Todd Kress(pty:dft) (White, Helen) (Entered: 11/15/2024)

NOTICE of Entry of Appearance Appearance of Counsel by Helen E. White on behalf of Board of Trustees of the California State University, Laura Alexander, Todd Kress (White, Helen) (Entered: 11/15/2024)

NOTICE of Entry of Appearance Appearance of Counsel by Bryan Heckenlively on behalf of Board of Trustees of the California State University, Laura Alexander, Todd KressAttorney Bryan Heckenlively added to party Board of Trustees of the California State University(pty:dft), Attorney Bryan Heckenlively added to party Laura Alexander(pty:dft), Attorney Bryan Heckenlively added to party Todd Kress(pty:dft) (Heckenlively, Bryan) (Entered: 11/15/2024)

Emergency MOTION for Preliminary Injunction by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Attachments: # 1 Appendix of Exhibits and Declarations)(Bock, William) (Entered: 11/15/2024)

1 Appendix of Exhibits and Declarations

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ORDER GRANTING 8 Plaintiffs Kaylie Ray's, Macey Boggs', Sierra Grizzle's, Jordan Sandy's, Katelyn Van Kirk's, and Kiersten Van Kirk's Unopposed Motion for Leave to File an Emergency Motion for a Preliminary Injunction in Excess of Fifteen Pages (Motion). Plaintiffs may file their Motion not exceeding 35 pages in length, excluding the case caption, table of contents, signature block, certificate of service, certificate of conferral, and artificial intelligence certificate and accompanying exhibits.Further, the Court understands that Plaintiffs' anticipated Motion will seek relief related to the 2024 Mountain West Conference women's volleyball tournament set to begin on 11/27/2024. In consideration of the potentially short time frame in which to attempt to address the anticipated Motion, the Court FURTHER ORDERS the following:1) Plaintiffs' anticipated Motion shall be filed on or before 11/15/2024;2) Any response opposing the Motion shall be filed on or before 11/19/2024;3) Any response brief shall not exceed 35 pages in length, excluding the case caption, table of contents, signature block, certificate of service, certificate of conferral, and artificial intelligence certificate and accompanying exhibits; and4) No reply brief is permitted without leave of Court.The Court anticipates, if it orders a hearing on the Motion, it will set a one day, in-person hearing to occur on 11/21/2024 at 8:00am, by separate order. SO ORDERED by Judge S. Kato Crews on 11/15/2024. Text Only Entry (Entered: 11/15/2024)

Minute Order

Order on Motion for Leave to File Excess Pages

ORDER Setting Evidentiary Hearing: A one-day, in-person Evidentiary Hearing regarding Plaintiffs' 14 Emergency Motion for Preliminary Injunction is set for 11/21/2024 at 8:00 AM MST in Courtroom C201 before Judge S. Kato Crews. Witness and exhibit lists shall be filed by 11/20/2024 at 4:00 PM MST. The Parties shall stipulate to the admissibility of as many hearing exhibits as possible. No opening statements will be necessary. The parties shall confer in good faith over their planned presentations of evidence to ensure the hearing, including closing arguments, concludes in one day.The Court FURTHER SETS a Telephonic Status Conference for 11/20/2024 at 1:00 PM MST to review logistics for the Evidentiary Hearing. The conferrals required by this Order shall be concluded by the time of the Status Conference. To access the Status Conference, at the scheduled time, counsel shall call the Court provided conference line at: 571-353-2301, guest code 537331928.Counsel are ORDERED to serve this Order on any counsel who has not yet entered an appearance and who represents a party (or parties) affected by Plaintiffs' Emergency Motion. Any counsel who intends to appear at the Evidentiary Hearing shall also appear at the Status Conference.SO ORDERED by Judge S. Kato Crews on 11/18/2024. Text Only Entry Modified on 11/18/2024 to correct the date for exhibit lists (skcja, ). (Entered: 11/18/2024)

MOTION to Intervene by Intervenor Plaintiff Utah State University. (Attachments: # 1 Exhibit Plaintiff-Intervenor's Proposed Complaint in Intervention, # 2 Exhibit Plaintiff-Intervenor's Partial Joinder in Plaintiffs' Motion for Preliminary Injunction)(Nussbaum, Andrew) (Entered: 11/18/2024)

1 Exhibit Plaintiff-Intervenor's Proposed Complaint in Intervention

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2 Exhibit Plaintiff-Intervenor's Partial Joinder in Plaintiffs' Motion f

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MOTION for Leave to File Corrected Emergency Motion for Preliminary Injunction and Corrected Appendix 14 Emergency MOTION for Preliminary Injunction by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Attachments: # 1 Exhibit A - Corrected Emergency Motion for Preliminary Injunction, # 2 Exhibit B - REDLINE VERSION of Corrected Emergency Motion for Preliminary Injunction, # 3 Exhibit C - Corrected Movants' Appendix, # 4 Proposed Order (PDF Only))(Bock, William) (Entered: 11/18/2024)

1 Exhibit A - Corrected Emergency Motion for Preliminary Injunction

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2 Exhibit B - REDLINE VERSION of Corrected Emergency Motion for Preliminary Injunc

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3 Exhibit C - Corrected Movants' Appendix

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4 Proposed Order (PDF Only)

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RESPONSE to 17 MOTION for Leave to File Corrected Emergency Motion for Preliminary Injunction and Corrected Appendix 14 Emergency MOTION for Preliminary Injunction Attorney Bryan Heckenlively added to party Laura (I) Alexander(pty:dft), Attorney Bryan Heckenlively added to party Todd (I) Kress(pty:dft), Attorney Bryan Heckenlively added to party Michelle (I) McDonald Smith(pty:dft), Attorney Bryan Heckenlively added to party Michelle McDonald Smith(pty:dft) filed by Defendants Board of Trustees of the California State University, Laura (I) Alexander, Laura Alexander, Todd (I) Kress, Todd Kress, Michelle (I) McDonald Smith, Michelle McDonald Smith. (Heckenlively, Bryan) (Entered: 11/19/2024)

Order Setting Hearing on Motion

SUMMONS Returned Executed by All Plaintiffs. Laura Alexander served on 11/16/2024, answer due 12/9/2024; Laura (I) Alexander served on 11/16/2024, answer due 12/9/2024; Board of Trustees of the California State University served on 11/15/2024, answer due 12/6/2024; Todd Kress served on 11/16/2024, answer due 12/9/2024; Todd (I) Kress served on 11/16/2024, answer due 12/9/2024; Michelle McDonald Smith served on 11/16/2024, answer due 12/9/2024; Michelle (I) McDonald Smith served on 11/16/2024, answer due 12/9/2024; Mountain West Conference, The served on 11/14/2024, answer due 12/5/2024; Gloria Nevarez served on 11/14/2024, answer due 12/5/2024. (Attachments: # 1 Exhibit A - Service to The Mountain West Conference and Gloria Nevarez, # 2 Exhibit B - Service to Board of Trustees of the California State University, # 3 Exhibit C - Service to Alexander, Kress and Smith)(Bock, William) (Entered: 11/19/2024)

1 Exhibit A - Service to The Mountain West Conference and Gloria Nevarez

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2 Exhibit B - Service to Board of Trustees of the California State University

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3 Exhibit C - Service to Alexander, Kress and Smith

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ORDER GRANTING 16 Utah State University's Motion for Limited Intervention: Before the Court is proposed Intervenor 16 Utah State University's Motion for Limited Intervention as Plaintiff. USU seeks to intervene under Fed. R. Civ. P. 24. The Motion represents that Plaintiffs do not oppose the Motion; Defendants Mountain West Conference and Commissioner Gloria Nevarez do not oppose the Motion; and Defendants Board of Trustees of the California State University and the individual San Jose State University employees take no position on the Motion.The Court finds USU's Motion is timely and meets the requisites for intervention as of right under Fed. R. Civ. P. 24(a). Thus, the Motion is GRANTED. It is ORDERED that the Clerk of Court add Utah State University as Intervenor-Plaintiff in this matter. It is FURTHER Ordered that USU shall file its Complaint in Intervention for Emergency Declaratory and Injunctive Relief [16-1] by close of business today. SO ORDERED by Judge S. Kato Crews on 11/19/2024. Text Only Entry(skcja, ) (Entered: 11/19/2024)

REPLY to Response to 17 MOTION for Leave to File Corrected Emergency Motion for Preliminary Injunction and Corrected Appendix 14 Emergency MOTION for Preliminary Injunction filed by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 11/19/2024)

ORDER denying Plaintiffs' 17 Motion for Leave to File Corrected Emergency Motion for Preliminary Injunction, as set forth in the attached Order.SO ORDERED by Judge S. Kato Crews on 11/19/2024. (Entered: 11/19/2024)

NOTICE re 14 Emergency MOTION for Preliminary Injunction NOTICE OF WITHDRAWAL OF REQUEST FOR EMERGENCY INJUNCTIVE RELIEF AS TO DEFENDANT TODD KRESS ONLY by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle (Bock, William) (Entered: 11/19/2024)

NOTICE of Entry of Appearance by Kyler Karl Burgi on behalf of Mountain West Conference, The, Gloria NevarezAttorney Kyler Karl Burgi added to party Mountain West Conference, The(pty:dft), Attorney Kyler Karl Burgi added to party Gloria Nevarez(pty:dft) (Burgi, Kyler) (Entered: 11/19/2024)

NOTICE of Entry of Appearance by Chad David Williams on behalf of Mountain West Conference, The, Gloria NevarezAttorney Chad David Williams added to party Mountain West Conference, The(pty:dft), Attorney Chad David Williams added to party Gloria Nevarez(pty:dft) (Williams, Chad) (Entered: 11/19/2024)

INTERVENOR COMPLAINT against Mountain West Conference, filed by Utah State University.(Nussbaum, Andrew) (Entered: 11/19/2024)

RESPONSE to 14 Emergency MOTION for Preliminary Injunction filed by Defendants Mountain West Conference, The, Gloria Nevarez. (Attachments: # 1 Appendix Appendix - Part 1 of 3, # 2 Appendix Appendix - Part 2 of 3, # 3 Appendix Appendix - Part 3 of 3)(Williams, Chad) (Entered: 11/19/2024)

1 Appendix Appendix - Part 1 of 3

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2 Appendix Appendix - Part 2 of 3

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3 Appendix Appendix - Part 3 of 3

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RESPONSE to 14 Emergency MOTION for Preliminary Injunction filed by Defendant Todd Kress. (Attachments: # 1 Affidavit of Todd Kress, # 2 Affidavit of Bryan H. Heckenlively)(Heckenlively, Bryan) (Entered: 11/19/2024)

1 Affidavit of Todd Kress

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2 Affidavit of Bryan H. Heckenlively

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Order on Motion to Intervene

MOTION for Preliminary Injunction Partial Joinder in Plaintiffs Emergency Motion for Preliminary Injunction by Intervenor Plaintiff Utah State University. (Nussbaum, Andrew) (Entered: 11/20/2024)

MOTION in Limine to Exclude Plaintiffs' Expert Reports and Testimony by Defendants Mountain West Conference, The, Gloria Nevarez. (Williams, Chad) (Entered: 11/20/2024)

MOTION for Leave to for Witness to Testify Remotely by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Attachments: # 1 Proposed Order (PDF Only))(Bock, William) (Entered: 11/20/2024)

1 Proposed Order (PDF Only)

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NOTICE re 31 MOTION for Leave to for Witness to Testify Remotely of Filing Certificate of Conferral for Motion for Leave for Witness to Testify Remotely by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle (Bock, William) (Entered: 11/20/2024)

COURTROOM MINUTES for proceedings held before Judge S. Kato Crews: Telephonic Status Conference held on 11/20/2024. The Evidentiary Hearing set for 11/21/2024 is CONVERTED to an Oral Argument Hearing and will begin at 9:00 AM. 30 Defendants The Mountain West Conference and Gloria Nevarez's Motion In Limine to Exclude Plaintiffs' Expert Reports and Testimony and 31 Plaintiffs' Motion for Leave for Witness to Testify Remotely are denied as moot. Court Reporter: Mary George. (Entered: 11/20/2024)

Exhibit List Plaintiffs' Witness & Exhibit List Submitted in Connection with Plaintiffs' Offers of Proof by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 11/21/2024)

NOTICE of Entry of Appearance Appearance of Counsel by Jennifer L. Bryant on behalf of Board of Trustees of the California State University, Laura Alexander, Todd KressAttorney Jennifer L. Bryant added to party Board of Trustees of the California State University(pty:dft), Attorney Jennifer L. Bryant added to party Laura Alexander(pty:dft), Attorney Jennifer L. Bryant added to party Todd Kress(pty:dft) (Bryant, Jennifer) (Entered: 11/21/2024)

COURTROOM MINUTES for proceedings held before Judge S. Kato Crews: Oral Argument Hearing held on 11/21/2024, taking under advisement 14 Emergency Motion for Preliminary Injunction and 29 Plaintiff-Intervenor's Partial Joinder in Plaintiffs' Emergency Motion for Preliminary Injunction. Court Reporter: Mary George. (cpear) (Entered: 11/21/2024)

ORDER denying 29 Motion for Preliminary Injunction; denying 14 Motion for Preliminary Injunction: For the reasons shared in the attached Order, the movants have failed to meet their burden to show irreparable harm, a likelihood of success on the merits, or that the balance of harms or equities is in their favor. Therefore, the Motions are DENIED. Please see the attached Order. By Judge S. Kato Crews on 11/25/2024. (Crews, S.) (Entered: 11/25/2024)

NOTICE of Entry of Appearance by Wesley R. Powell on behalf of Mountain West Conference, The, Gloria NevarezAttorney Wesley R. Powell added to party Mountain West Conference, The(pty:dft), Attorney Wesley R. Powell added to party Gloria Nevarez(pty:dft) (Powell, Wesley) (Entered: 11/25/2024)

NOTICE OF APPEAL as to 37 Order on Motion for Preliminary Injunction,,, Notice of Emergency Appeal from Order Denying Plaintiffs' Emergency Motion for Preliminary Injunction by Plaintiffs Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray (Filing fee $ 605, Receipt Number ACODC-10002807) (Bock, William) (Entered: 11/25/2024)

ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 1/6/2025. By Magistrate Judge Maritza Dominguez Braswell on 11/25/2024. (evaug ) (Entered: 11/25/2024)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 39 Notice of Appeal, filed by Katelyn Van Kirk, Kiersten Van Kirk, Kaylie Ray, Brooke Slusser to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record and Docket Sheet)(tlove, ) (Entered: 11/25/2024)

1 Preliminary Record and Docket Sheet

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USCA Case Number 24-1461 for 39 Notice of Appeal, filed by Katelyn Van Kirk, Kiersten Van Kirk, Kaylie Ray, Brooke Slusser. (tlove, ) (Entered: 11/25/2024)

MINUTE ORDER: A Scheduling Conference is set for January 13, 2025, at 11:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 11/25/2024. Text Only Entry (mdblc1) (Main Document 43 replaced on 12/3/2024) (evaug, ). (Entered: 11/25/2024)

NOTICE of Entry of Appearance by Stanford E. Purser on behalf of Utah State UniversityAttorney Stanford E. Purser added to party Utah State University(pty:intvp) (Purser, Stanford) (Entered: 11/26/2024)

NOTICE of Entry of Appearance by Matt D. Basil on behalf of Mountain West Conference, The, Gloria NevarezAttorney Matt D. Basil added to party Mountain West Conference, The(pty:dft), Attorney Matt D. Basil added to party Gloria Nevarez(pty:dft) (Basil, Matt) (Entered: 11/26/2024)

MOTION for Leave to Restrict by Defendants Mountain West Conference, The, Gloria Nevarez. (Attachments: # 1 Exhibit A - Placeholder, # 2 Exhibit B - Placeholder)(Williams, Chad) (Entered: 11/26/2024)

1 Exhibit A - Placeholder

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2 Exhibit B - Placeholder

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RESTRICTED DOCUMENT - Level 1: Exhibits A and B to 46 MOTION TO RESTRICT ACCESS by Defendants Mountain West Conference, The, Gloria Nevarez.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Chad) Modified on 11/27/2024 to add linkage and text(dgumb, ). (Entered: 11/26/2024)

MEMORANDUM: re 46 MOTION for Leave to Restrict filed by Gloria Nevarez, Mountain West Conference, The. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge S. Kato Crews on 11/26/2024. (skcja, ) (Entered: 11/26/2024)

ORDER of USCA as to 39 Notice of Appeal, filed by Katelyn Van Kirk, Kiersten Van Kirk, Kaylie Ray, Brooke Slusser. (USCA Case No. 24-1461) (jrobe, ) (Entered: 11/27/2024)

Order Referring Motion

TRANSCRIPT of Telephonic Status Conference held on November 20, 2024 before Judge Crews. Pages: 1-30. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 11/27/2024)

TRANSCRIPT of Oral Argument held on November 21, 2024 before Judge Crews. Pages: 1-95. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 11/27/2024)

OBJECTIONS to 46 MOTION for Leave to Restrict Public Access by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Melissa Batie-Smoose, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 11/29/2024)

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Michelle McDonald Smith, Laura Alexander, Todd (I) Kress, Laura (I) Alexander, Board of Trustees of the California State University, Michelle (I) McDonald Smith, Todd Kress, Mountain West Conference, The, Gloria Nevarez. All Defendants. (Heckenlively, Bryan) (Entered: 12/02/2024)

MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,,,,,, 26 Intervenor Complaint by Defendants Board of Trustees of the California State University, Laura (I) Alexander, Laura Alexander, Todd (I) Kress, Todd Kress, Michelle (I) McDonald Smith, Michelle McDonald Smith. (Attachments: # 1 Proposed Order (PDF Only))(Heckenlively, Bryan) (Entered: 12/02/2024)

1 Proposed Order (PDF Only)

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ORDER granting 54 Motion for Extension of Time to Answer or Otherwise Respond. Defendants are granted an extension of up to and including 1/23/2025 to respond to the complaints at ECF docs. 1 and 26 . By Judge S. Kato Crews on 12/4/2024. Text Only Entry(skcja, ) (Entered: 12/04/2024)

Order on Motion for Extension of Time to Answer or Otherwise Respond

TRANSCRIPT ORDER FORM re 39 Notice of Appeal, by Plaintiffs Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Kaylie Ray (Bock, William) (Entered: 12/09/2024)

LETTER TO USCA and all counsel certifying the record is complete as to 39 Notice of Appeal, filed by Katelyn Van Kirk, Kiersten Van Kirk, Kaylie Ray, Brooke Slusser. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 24-1461) Text Only Entry (jrobe, ) (Entered: 12/09/2024)

Filed notice record is complete. (Appeal No. 24-1461) (jrobe, ) (Entered: 12/11/2024)

BRIEF in Support of 46 MOTION for Leave to Restrict filed by Defendants Mountain West Conference, The, Gloria Nevarez. (Attachments: # 1 Exhibit C, # 2 Exhibit D)(Williams, Chad) (Entered: 12/11/2024)

1 Exhibit C

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2 Exhibit D

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NOTICE of Voluntary Dismissal of Party Utah State University by Intervenor Plaintiff Utah State University (Purser, Stanford) (Entered: 12/11/2024)

ORDER This matter is before the Court on 60 Utah State University's Notice of Dismissal. Pursuant to the Notice, Intervenor-Plaintiff Utah State University's 26 Intervenor Complaint is voluntarily dismissed under Fed. R. Civ. P. 41(a)(1)(A). Utah State University is terminated as a party to this matter. By Judge S. Kato Crews on 12/12/2024. Text Only Entry (skcja, ) (Entered: 12/12/2024)

MINUTE ORDER: In light of the ongoing appellate proceedings, the deadline to file a proposed scheduling order and the January 13, 2025, Scheduling Conference are vacated. Within 10 days of the appeal's resolution, the parties shall file a joint status report advising the Court as to the status of the case and proposing a deadline by which to file a proposed scheduling order, if necessary. By Magistrate Judge Maritza Dominguez Braswell on 12/12/2024. Text Only Entry (mdblc1) (Entered: 12/12/2024)

Order AND ~Util - Add and Terminate Parties

Minute Order

ORDER: This matter is before the Court on Defendants The Mountain West Conference and Nevarez's (collectively, "MWC") Motion to Restrict Access. (["Motion"], Doc. No. 46 .) It is ORDERED that MWC's Motion to Restrict Access (Doc. No. 46 ) is GRANTED. The Clerk of Court is directed to maintain Level One restriction over ECF 47 . Entered by Magistrate Judge Maritza Dominguez Braswell on 1/2/2025.(dgumb, ) (Entered: 01/02/2025)

Joint MOTION for Leave to File Excess Pages in Briefing Relating to Defedants' Forthcoming Motions under Fed. R. Civ. P. 12, Joint MOTION for Leave to Consolidate Briefing and Motions Relating to Defedants' Forthcoming Motions under Fed. R. Civ. P. 12, Joint MOTION for Extension of Time to Amend Pleadings and/or Otherwise Respond to Defedants' Forthcoming Motions under Fed. R. Civ. P. 12 and to Reply to Plaintiffs' Response by Defendants Board of Trustees of the California State University, Laura (I) Alexander, Laura Alexander, Todd (I) Kress, Todd Kress, Michelle (I) McDonald Smith, Michelle McDonald Smith. (Attachments: # 1 Proposed Order (PDF Only) Granting Joint Motion to Expand Page Limits, etc.)(Heckenlively, Bryan) (Entered: 01/14/2025)

1 Proposed Order (PDF Only) Granting Joint Motion to Expand Page Limits, etc.

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ORDER granting the parties' 64 Joint Motion to Expand Page Limits, To Extend Time for Opposition and Reply Briefs, and to Consolidate Motions and Briefing (Motion). The Court ORDERS the following:1. The CSU Defendants may respond to Plaintiffs' Complaint with a motion that shall not exceed 30 pages. That motion may include CSU Defendants' request to sever and transfer venue in addition to their request to dismiss.2. The MWC Defendants may respond to Plaintiffs' Complaint with a motion that shall not exceed 25 pages.3. Plaintiffs shall have 60 days to respond to Defendants' motions or to file an amended pleading, and may file a single opposition brief of no more than 55 pages.4. Defendants shall have 21 days after the date of service of such brief to file replies, which shall not exceed 15 pages each.The Court reminds the parties, "Motions to dismiss filed under Federal Rule of Civil Procedure 12(b) are discouraged if the defect is curable by the filing of an amended pleading. As such, parties are required to meet and confer prior to the filing of a motion to dismiss under Rule 12(b).... The failure to comply with this conferral requirement may result in the Court striking the motion without substantive consideration." SKC Civ. Practice Standard 7.1B(b) (emphasis added).The parties are further reminded that the Court takes the conferral requirements seriously. See SKC Standing Order for Civil Cases, § C.1. And the certificate of conferral does not count against the page limitation, so the Court expects a robust recounting of the parties' conferral efforts. See id.SO ORDERED by Judge S. Kato Crews on 1/15/2025. Text Only Entry (skclc3) (Entered: 01/15/2025)

Order on Motion for Extension of Time to File AND Order on Motion for Leave AND Order on Motion for Leave to File Excess Pages

MOTION to Dismiss by Defendants Mountain West Conference, The, Gloria Nevarez. (Williams, Chad) (Entered: 01/23/2025)

MOTION to Dismiss Plaintiffs' Complaint or, in the Alternative, to Sever and Transfer by Defendants Board of Trustees of the California State University, Laura (I) Alexander, Laura Alexander, Todd (I) Kress, Todd Kress, Michelle (I) McDonald Smith, Michelle McDonald Smith. (Attachments: # 1 Affidavit of Todd Kress, # 2 Affidavit of Michelle Smith McDonald, # 3 Affidavit of Laura Alexander, # 4 Affidavit of Bryan Heckenlively)(Heckenlively, Bryan) (Entered: 01/23/2025)

1 Affidavit of Todd Kress

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2 Affidavit of Michelle Smith McDonald

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3 Affidavit of Laura Alexander

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4 Affidavit of Bryan Heckenlively

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MINUTE ORDER: On or before January 31, 2025, Defendants shall file notice with the Court indicating whether they intend to file motions to stay this matter pending resolution of the 66 67 Motions to Dismiss. If Defendants do not intend to file motions to stay, the Court will reset the deadline to file a proposed scheduling order. By Magistrate Judge Maritza Dominguez Braswell on 1/28/2025. Text Only Entry (mdblc1) (Entered: 01/28/2025)

Minute Order

NOTICE re 68 Minute Order, of Intent to Move to Stay by Defendants Board of Trustees of the California State University, Laura (I) Alexander, Laura Alexander, Todd (I) Kress, Todd Kress, Michelle (I) McDonald Smith, Michelle McDonald Smith (Heckenlively, Bryan) (Entered: 01/30/2025)

NOTICE of Intent to File Motion to Stay Pending Resolution of Motion to Dismiss by Defendants Mountain West Conference, The, Gloria Nevarez (Williams, Chad) (Entered: 01/30/2025)

Joint MOTION to Stay by Defendants Mountain West Conference, The, Gloria Nevarez. (Williams, Chad) (Entered: 02/14/2025)

MEMORANDUM: re 71 Joint MOTION to Stay filed by Gloria Nevarez, Mountain West Conference, The. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge S. Kato Crews on 2/15/2025. Text Only Entry (skcja, ) (Entered: 02/15/2025)

Order Referring Motion

MOTION for Recusal by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Melissa Batie-Smoose, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Attachments: # 1 Exhibit 1 Declaration of William Bock III, # 2 Exhibit 2 Declaration of Justin R. Olson, # 3 Exhibit 3 Declaration of Brooke Slusser)(Bock, William) (Entered: 02/18/2025)

1 Exhibit 1 Declaration of William Bock III

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2 Exhibit 2 Declaration of Justin R. Olson

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3 Exhibit 3 Declaration of Brooke Slusser

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NOTICE of Entry of Appearance by Patricia O. Haynes on behalf of Mountain West Conference, The, Gloria NevarezAttorney Patricia O. Haynes added to party Mountain West Conference, The(pty:dft), Attorney Patricia O. Haynes added to party Gloria Nevarez(pty:dft) (Haynes, Patricia) (Entered: 02/19/2025)

ORDER granting 71 Defendants' Motion to Stay Discovery Pending Adjudication of their Rule 12(b) Motions to Dismiss. Upon review of the 71 Motion to Stay and application of the factors set forth in String Cheese Incident, LLC v. Stylus Shows, Inc., 2006 WL 894955 (D. Colo. Mar. 30, 2006), and in consideration of the representation that Plaintiffs take no position on the Motion to Stay (see ECF 71 at 1), the Court finds it appropriate to issue a stay of all discovery pending resolution of the motions to dismiss (see ECF 66, 67 ). Within ten (10) days of the presiding judge's decision on the pending motions to dismiss, should any part of the case remain, the parties shall file a Joint Status Report that states what claims remain, briefly describes the scope of discovery, and proposes a deadline for a jointly filed Proposed Scheduling Order. By Magistrate Judge Maritza Dominguez Braswell on 2/24/2025. Text Only Entry(mdblc1, ) (Entered: 02/24/2025)

ORDER denying 73 Motion for Recusal: Please see the attached Order. For the reasons shared therein, the Motion is DENIED. By Judge S. Kato Crews on 02/24/2025. (Crews, S.) (Entered: 02/24/2025)

Order on Motion to Stay

MOTION for Certificate of Appealability Motion to Certify for Interlocutory Appeal Order Denying Plaintiffs' Motion to Rescind Uniform Civil Practice Standard 43.1A(a) and for Recusal (Dkt. 76) by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Melissa Batie-Smoose, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 03/12/2025)

AMENDED COMPLAINT against Board of Trustees of the California State University, Todd (I) Kress, Mountain West Conference, The, Gloria Nevarez, Stephen Perez, Cynthia (I) Teniente-Matson, Cynthia Teniente-Matson, Jeffrey (I) Konya, Jeffrey Konya, filed by Katelyn Van Kirk, Kaylie Ray, Alyssa Sugai, Brooke Slusser, Nicanora Clarke, Elle Patterson, Sierra Grizzle, Kiersten Van Kirk, Macey Boggs, Jordan Sandy, Aleah Liilii. (Attachments: # 1 Appendix A MWC Handbook 2024-25, # 2 Appendix B Memorandum of Understanding for MWC, # 3 Appendix C NCAA Transgender Eligibility Policies, # 4 Appendix D NCAA February 6, 2025 Participation Policy for Transgender Student-Athletes, # 5 Appendix E ICONS Letter to Boise State, # 6 Appendix F Letter from members of UNR Women's Volleyball Team, # 7 Appendix G Slusser IG Post, # 8 Appendix H 2024-10-27 Email from Kress to Batie-Smoose)(Bock, William) (Entered: 03/24/2025)

1 Appendix A MWC Handbook 2024-25

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2 Appendix B Memorandum of Understanding for MWC

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3 Appendix C NCAA Transgender Eligibility Policies

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4 Appendix D NCAA February 6, 2025 Participation Policy for Transgender Student-At

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5 Appendix E ICONS Letter to Boise State

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6 Appendix F Letter from members of UNR Women's Volleyball Team

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7 Appendix G Slusser IG Post

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8 Appendix H 2024-10-27 Email from Kress to Batie-Smoose

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MINUTE ORDER: Plaintiffs filed their 78 Amended Complaint, but it does not comply with D.C.COLO.LCivR 15.1 because they failed to include a redline version showing strike throughs and underlines of deletions and additions. The Court ORDERS Plaintiffs to file a redline version that complies with D.C.COLO.LCivR 15.1 on or before 3/28/2025.Because Plaintiffs filed 78 Amended Complaint, the Court finds as MOOT the Mountain West Conference Defendants' 66 Motion to Dismiss and the California State University Defendants' 67 Motion to Dismiss. SO ORDERED by Judge S. Kato Crews on 3/25/2025. Text Only Entry (skclc3) (Entered: 03/25/2025)

NOTICE of Filing Amended Pleading re 78 Amended Complaint,,, 79 Minute Order,, Notice of Filing of Amended Complaint and Compliance with D.C.COLO.LCivR 15.1 by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle (Attachments: # 1 Exhibit A Redline of Original Complaint to Amended Complaint)(Bock, William) (Entered: 03/25/2025)

Minute Order

SUMMONS REQUEST as to Stephen Perez by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 03/28/2025)

SUMMONS REQUEST as to Cynthia Teniente-Matson by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 03/28/2025)

SUMMONS REQUEST as to Jeffrey Konya by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 03/28/2025)

Administrative Notice: The summons 81, 82, and 83 are not issued. Summons must have a complete caption to be issued. (Text Only Entry) (agarc, ) (Entered: 04/01/2025)

SUMMONS REQUEST as to Jeffrey Konya by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 04/01/2025)

SUMMONS REQUEST as to Stephen Perez by Plaintiffs Jordan Sandy, Katelyn Van Kirk, Kiersten Van Kirk, Brooke Slusser, Alyssa Sugai, Elle Patterson, Aleah Liilii, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle. (Bock, William) (Entered: 04/01/2025)