Case: Bates v. Pakseresht

Verified Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8878466 Jury Trial Requested: No. Filed by Jessica Bates against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Millard, Rebekah) (Entered: 04/03/2023)

1 Civil Cover Sheet

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2 Proposed Summons

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Notice of Case Assignment to Magistrate Judge Andrew D. Hallman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/1/2023. Joint Alternate Dispute Resolution Report is due by 8/31/2023. Pretrial Order is due by 8/31/2023. Ordered by Magistrate Judge Andrew D. Hallman. (dino) (Entered: 04/03/2023)

Summonses Issued Electronically as to Aprille Flint-Gerner, Cecilia Garcia, Rebecca Garrison, Fariborz Pakseresht, Liesl Wendt. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dino) (Entered: 04/03/2023)

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Andrew D. Hallman to Judge Adrienne Nelson. (cw) (Entered: 04/03/2023)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christiana M. Kiefer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882187. Filed by Jessica Bates. (Kiefer, Christiana) (Entered: 04/05/2023)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Johannes Widmalm-Delphonse. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882204. Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 04/05/2023)

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jonathan A. Scruggs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882947. Filed by Jessica Bates. (Scruggs, Jonathan) (Entered: 04/05/2023)

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christiana M. Kiefer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882187 5 : Reviewed and Ready for Ruling. (ecp)

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Johannes Widmalm-Delphonse. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882204 6 : Reviewed and Ready for Ruling. (ecp)

Affidavit of Service of Summons Issued, 3 upon Aprille Flint-Gerner served on 4/4/2023, answer due on 4/25/2023 Filed by Jessica Bates. (Schultheiss (Millard), Rebekah) (Entered: 04/06/2023)

Affidavit of Service of Summons Issued, 3 upon Cecilia Garcia served on 4/4/2023, answer due on 4/25/2023 Filed by Jessica Bates. (Schultheiss (Millard), Rebekah) (Entered: 04/06/2023)

Affidavit of Service of Summons Issued, 3 upon Fariborz Pakseresht served on 4/4/2023, answer due on 4/25/2023 Filed by Jessica Bates. (Schultheiss (Millard), Rebekah) (Entered: 04/06/2023)

Affidavit of Service of Summons Issued, 3 upon Liesl Wendt served on 4/4/2023, answer due on 4/25/2023 Filed by Jessica Bates. (Schultheiss (Millard), Rebekah) (Entered: 04/06/2023)

Affidavit of Service of Summons Issued, 3 upon Rebecca Garrison served on 4/4/2023, answer due on 4/25/2023 Filed by Jessica Bates. (Schultheiss (Millard), Rebekah) (Entered: 04/06/2023)

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jonathan A. Scruggs. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8882947 7 : Reviewed and Ready for Ruling. (ecp)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 5 ; Granting Motion for Leave to Appear Pro Hac Vice 6 ; Granting Motion for Leave to Appear Pro Hac Vice 7 . Attorneys Christiana M. Kiefer, Johannes Widmalm-Delphonse, and Jonathan A. Scruggs added. Ordered by Judge Adrienne Nelson. (joha) (Entered: 04/07/2023)

Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice

Motion for Preliminary Injunction . Oral Argument requested. Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 04/18/2023)

Declaration of Jessica Bates . Filed by Jessica Bates. (Related document(s): Motion for Preliminary Injunction 14 .) (Attachments: # 1 Appendix Contains Exhibits 1-8) (Widmalm-Delphonse, Johannes) (Entered: 04/18/2023)

1 Appendix Contains Exhibits 1-8

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Declaration of Johannes Widmalm-Delphonse . Filed by Jessica Bates. (Related document(s): Motion for Preliminary Injunction 14 .) (Widmalm-Delphonse, Johannes) (Entered: 04/18/2023)

Unopposed Motion for Extension of Time to File Responsive Pleading. Filed by All Defendants. (Chang, Deanna) (Entered: 04/24/2023)

Unopposed Motion for Extension of Time to File Opposition to Motion For Preliminary Injunction. Filed by All Defendants. (Chang, Deanna) (Entered: 04/26/2023)

ORDER: Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading, ECF 17, and Defendants' Unopposed Motion for Extension of Time to File Opposition to Motion for Preliminary Injunction, ECF 18, are GRANTED. Defendants' response to the complaint is now due June 26, 2023. Defendants' response to plaintiff's motion for preliminary injunction is now due June 1, 2023. Ordered by Judge Adrienne Nelson. (joha) (Entered: 04/27/2023)

Order on Motion for Extension of Time AND Order on Motion for Extension of Time

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua N. Turner. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8952781. Filed by State of Idaho. (Turner, Joshua) (Entered: 05/25/2023)

Clerk's Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua N. Turner. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8952781 20 : Reviewed and Ready for Ruling. (jw)

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 20 . Ordered by Judge Adrienne Nelson. (joha) (Entered: 05/26/2023)

Stricken per Notice of Correction 24 . Amicus Brief in Support of Plaintiff's Motion for Preliminary Injunction. Filed by State of Idaho. (Related document(s): Motion for Preliminary Injunction 14 .) (Turner, Joshua) Modified to Strike on 5/31/2023 (joha). (Entered: 05/26/2023)

Amicus Brief in Support of Plaintiff. Filed by State of Idaho. (Related document(s): Motion for Preliminary Injunction 14 .) (Turner, Joshua) (Entered: 05/26/2023)

Leave to Appear Pro Hac Vice

Notice of Correction by Clerk regarding Amicus Brief 22 . A Clerical error has been discovered in the case record: An incorrect PDF was attached to the entry and refiled as ECF 23 . The following corrections were made to the record: Amicus Brief ECF 22 is STRICKEN. (joha) (Entered: 05/31/2023)

Correction of the Record

Response to Motion for Preliminary Injunction 14 . Filed by Aprille Flint-Gerner, Cecilia Garcia, Rebecca Garrison, Fariborz Pakseresht, Liesl Wendt. (Chang, Deanna) (Entered: 06/01/2023)

Declaration of Deanna Chang In Support of Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 25 .) (Chang, Deanna) (Entered: 06/01/2023)

Declaration of Cecilia Garcia In Support of Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 25 .) (Chang, Deanna) (Entered: 06/01/2023)

Notice of Appearance of Deanna J. Chang, Thomas Castelli appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Chang, Deanna) (Entered: 06/08/2023)

Notice of Appearance of Deanna J. Chang, Alexander Charles Jones appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Chang, Deanna) (Entered: 06/08/2023)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 14 . Filed by All Plaintiffs. (Widmalm-Delphonse, Johannes) Modified on 6/13/2023 to correct docket text (dino). (Entered: 06/12/2023)

ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Plaintiff's Motion for Preliminary Injunction, ECF 30, is GRANTED. Plaintiff's reply is now due June 22, 2023. Ordered by Judge Adrienne Nelson. (joha) (Entered: 06/14/2023)

Order on Motion for Extension of Time to File Response/Reply to Motion

Response in Support to Motion for Preliminary Injunction 14 Oral Argument requested. Filed by Jessica Bates. (Attachments: # 1 Johannes Widmalm-Delphonses Second Declaration in Support of Plaintiff's Motion For Preliminary Injunction, # 2 Appendix Appendix to Johannes Widmalm-Delphonse's Second Declaration, # 3 Jessica Bates' Second Declaration in Support of Plaintiff's Motion for Preliminary Injunction) (Widmalm-Delphonse, Johannes) (Entered: 06/22/2023)

Second Declaration of Johannes Widmalm-Delphonse in Support of Plaintiff's Motion for Preliminary Injunction. Filed by Jessica Bates. (Related document(s): Response to Motion, 32 .) (Attachments: # 1 Appendix to Johannes Widmalm-Delphonse's Second Declaration) (Widmalm-Delphonse, Johannes) (Entered: 06/22/2023)

Second Declaration of Jessica Bates in Support of Plaintiff's Motion for Preliminary Injunction. Filed by Jessica Bates. (Related document(s): Response to Motion, 32 .) (Widmalm-Delphonse, Johannes) (Entered: 06/22/2023)

Answer to 1 Complaint, . Filed by Cecilia Garcia, Aprille Flint-Gerner, Liesl Wendt, Fariborz Pakseresht, Rebecca Garrison. (Chang, Deanna) (Entered: 06/26/2023)

Notice of Supplemental Authority Filed by Jessica Bates. (Attachments: # 1 Exhibit 303 Creative LLC v. Elenis) (Widmalm-Delphonse, Johannes) (Entered: 07/06/2023)

1 Exhibit 303 Creative LLC v. Elenis

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Scheduling Order: Oral Argument on Motion for Preliminary Injunction 14 is set for 7/28/2023 at 10:00AM in Portland Courtroom 14A before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (jy) (Entered: 07/07/2023)

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Scheduling Order: Oral Argument on Motion for Preliminary Injunction 14 set for 7/28/2023 at 10:00AM is continued to 8/16/2023 at 02:00PM in Portland Courtroom 14A before Judge Adrienne Nelson. Ordered by Judge Adrienne Nelson. (joha) (Entered: 07/14/2023)

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Joint Rule 26(f) Report and Discovery Plan . Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 07/24/2023)

Scheduling Order by Judge Adrienne Nelson: The Court is in receipt of the parties' Joint Rule 26(f) Report, ECF 39, and adopts the following deadlines: The deadline to exchange initial disclosures is August 4, 2023. The deadline to amend pleadings, and to join claims, remedies, and parties, is 30 days after this Court rules on plaintiff's Motion for Preliminary Injunction, ECF 14 . The deadline to complete fact discovery is April 1, 2024. The deadline to identify and disclose initial expert witnesses and reports is May 1, 2024. The deadline to identify and disclose rebuttal expert witnesses and reports is July 1, 2024. The deadline to depose expert witnesses is September 3, 2024. The deadline to file discovery motions is October 4, 2024. The deadline to file dispositive motions is October 11, 2024. The parties are ordered to propose a trial date within 30 days of this Court's ruling on dispositive motions. Ordered by Judge Adrienne Nelson. (joha) (Entered: 07/27/2023)

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MINUTES of Proceedings: Oral argument held. Johannes Widmalm-Delphonse and Jonathan A. Scruggs present as counsel for plaintiff. Alex C. Jones, Deanna J. Chang, and Thomas H. Castelli present as counsel for defendants. Court reporter: Bonita Shumway. Judge Adrienne Nelson presiding. (joha) (Entered: 08/17/2023)

Motion Hearing Held

ORDER: Upon reconsideration, the parties are ordered to file supplemental briefing regarding the impact of Backlund v. Barnhart, 778 F.2d 1386 (9th Cir. 1985) on plaintiff's Motion for Preliminary Injunction. Defendants must file their supplemental brief by September 8, 2023. Plaintiff must file her response, if any, by September 15, 2023. Defendants may file a reply by September 20, 2023. Each supplemental filing may not exceed five (5) pages. Ordered by Judge Adrienne Nelson. (joha) (Entered: 08/31/2023)

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Sur-Response to Motion for Preliminary Injunction 14 . Filed by Cecilia Garcia, Rebecca Garrison, Liesl Wendt. (Castelli, Thomas) (Entered: 09/08/2023)

Supplemental Brief . Filed by Jessica Bates. (Related document(s): Scheduling Order,, 42 .) (Widmalm-Delphonse, Johannes) (Entered: 09/12/2023)

Second Notice of Supplemental Authority Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 09/19/2023)

Sur-Reply to Motion for Preliminary Injunction 14 . Filed by All Defendants. (Castelli, Thomas) (Entered: 09/20/2023)

OPINION AND ORDER: Plaintiff's Motion for Preliminary Injunction, ECF 14, is DENIED. Signed on 11/14/2023 by Judge Adrienne Nelson. (joha) (Entered: 11/14/2023)

Notice of Appeal to the 9th Circuit from Order on motion for preliminary injunction 47 Filing fee $605 collected; Agency Tracking ID AORDC-9193876: . Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 12/13/2023)

Representation Statement re Notice of Appeal 48 . Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 12/13/2023)

USCA Case Number

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 48 . Case Appealed to Ninth Circuit Court of Appeals Case Number 23-4169 assigned. (ecp)

Joint Motion for Stay District Court Proceedings. Filed by Jessica Bates. (Widmalm-Delphonse, Johannes) (Entered: 12/18/2023)

Transcript Designation and Order Form for the hearing held on August 16, 2023 before Judge Adrienne Nelson. Court Reporter: Bonita Shumway. regarding Notice of Appeal 48 . Filed by Jessica Bates. Transcript is due by 1/18/2024. (Widmalm-Delphonse, Johannes) (Entered: 12/19/2023)

ORDER: Plaintiff's Joint Motion for Stay, ECF 50, is GRANTED. All deadlines in this case are stayed pending resolution of plaintiff's appeal to the Ninth Circuit. Ordered by Judge Adrienne Nelson. (joha) (Entered: 12/19/2023)

Order on Motion for Stay

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 8/16/2023 before Judge Adrienne Nelson, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2024. Redaction Request due 1/23/2024. Redacted Transcript Deadline set for 2/2/2024. Release of Transcript Restriction set for 4/1/2024. (Shumway, Bonita) (Entered: 01/02/2024)

USCA Memorandum/Opinion

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Status Conference

USCA Order

Mandate of USCA

Proposed Joint Case Management Schedule

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