Case: Parents for Privacy v. Sessions

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5218170 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by PARENTS RIGHTS IN EDUCATION, JON GOLLY, NICOLE LILLIE, MELISSA GREGORY, PARENTS FOR PRIVACY, KRIS GOLLY against All Defendants (Attachments: # 1 Exhibits A-H, # 2 Exhibits I-J, # 3 Exhibits k-p, # 4 Petition for appointment of guardian ad litem). (Grey, Herbert) (Entered: 11/13/2017)

Civil Cover Sheet regarding Complaint, 1 . Filed by All Plaintiffs. (Grey, Herbert) (Entered: 11/13/2017)

Notice of Case Assignment to Judge Michael J. McShane 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 3/14/2018. Joint Alternate Dispute Resolution Report is due by 4/13/2018. Pretrial Order is due by 4/13/2018. Ordered by Judge Michael J. McShane. (joha) Modified on 11/14/2017 per Order for Administrative Correction of the Record 4 (joha). (Entered: 11/14/2017)

Administrative Correction of the Record

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Discovery Order 3 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and regenerate the Notice of Electronic Filing to all parties: The judge initially selected for this case assignment was incorrect. A new case assignment with the corrected judge will be issued. The document is sealed. (joha) (Entered: 11/14/2017)

Notice of Case Assignment to Judge Marco A. Hernandez 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 3/14/2018. Joint Alternate Dispute Resolution Report is due by 4/13/2018. Pretrial Order is due by 4/13/2018. Ordered by Judge Marco A. Hernandez. (joha) (Entered: 11/14/2017)

Proposed Summons Filed by All Plaintiffs. (Grey, Herbert) (Entered: 11/16/2017)

Notice to Counsel: Judge Hernandez expects the vast majority of civil cases in which all parties are represented by counsel, to be tried within 18 months of the date of filing. Additional information about case scheduling and guidelines for civil cases assigned to Judge Hernandez may be found on his page on the U.S. District Court for the District of Oregon website: https://ord.uscourts.gov/index.php/court-info/judges/judge-hernandez. (jp) (Entered: 11/16/2017)

Summons Issued Electronically as to Kate Brown, Dallas School District No. 2, Betsy DeVos, Oregon Department of Education, Jeff Sessions, United States Department of Education, United States Department of Justice. 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. (joha) (Entered: 11/17/2017)

Motion to Dismiss . Filed by Oregon Department of Education, Kate Brown. (Weston, Sarah) (Entered: 12/13/2017)

Memorandum in Support of Motion to Dismiss. Filed by Kate Brown, Oregon Department of Education. (Related document(s): Motion to Dismiss 9 .) (Weston, Sarah) (Entered: 12/13/2017)

Stipulated Notice of Dismissal of Party State Defendants Filed by Kate Brown, Oregon Department of Education. (Weston, Sarah) (Entered: 12/15/2017)

Petition for Appointment of Guardian ad Litem for T.F. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5259712. Filed by Melissa Gregory against All Defendants. (Grey, Herbert) Modified Docket Text and Modified Event Type from Petition to Motion on 12/21/2017 (joha). (Entered: 12/21/2017)

Request for Refund of Fees Paid Electronically regarding Motion for Appointment of Counsel 12 . Filed by Melissa Gregory. (Grey, Herbert) (Entered: 12/22/2017)

Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-5259712. The request has been granted and the amount of $400.00 will be refunded to Herbert Grey Related Doc 13 Request for Refund of Fees Paid Electronically. (nd) (Entered: 01/03/2018)

Proposed Summons Filed by All Plaintiffs. (Grey, Herbert) (Entered: 01/03/2018)

ORDER: Finding as Moot: State Defendants Motion to Dismiss 9 as the parties filed a Stipulated Notice of Dismissal 11 of claims against the State Defendants. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/08/2018)

Order on Motion to Dismiss

Order on Motion for Appointment of Counsel

ORDER: Granting Motion for Appointment of of Guardian Ad Litem for T.F. 12 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/08/2018)

Summons Issued Electronically as to United States Department of Education and United States Department of Justice. 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. (joha) (Entered: 01/08/2018)

Unopposed Motion for Extension of Time to Answer Complaint, 1 . Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 01/17/2018)

Declaration of Peter R. Mersereau . Filed by Dallas School District No. 2. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Mersereau, Peter) (Entered: 01/17/2018)

ORDER: Granting Motion for Extension of Time to Answer 19 . Answer/Response is due by 2/20/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/23/2018)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Waiver of Service of Summons Returned Executed by Dallas School District No. 2 waiver sent on 11/21/2017. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 02/08/2018)

Affidavit of Service upon Betsy DeVos served on 1/16/2018; Jeff Sessions served on 1/17/2018; United States Department of Education served on 1/17/2018; United States Department of Justice served on 1/17/2018 Filed by All Plaintiffs. (Grey, Herbert) (Entered: 02/08/2018)

Motion to Intervene . Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)

Declaration of Amy Herzfeld-Copple . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)

Declaration of Colleen Yeager . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)

Declaration of Christine Staub . Filed by Basic Rights Oregon. (Related document(s): Motion to intervene 24 .) (Sands, Darin) (Entered: 02/20/2018)

Motion for Leave to Appear Pro Hac Vice for Attorney Gabriel Arkles . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317093. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)

Motion for Leave to Appear Pro Hac Vice for Attorney Shayna Medley-Warsoff . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317122. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/20/2018)

Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 02/20/2018)

Request for Refund of Fees Paid Electronically regarding Motion for Leave to Appear Pro Hac Vice for Attorney Gabriel Arkles . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5317093 28 . Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 02/21/2018)

Notice of Appearance of Caleb Leonard appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Leonard, Caleb) (Entered: 02/21/2018)

ORDER: Granting Application for Special Admission Pro Hac Vice of Gabriel Arkles for Basic Rights Oregon. Application Fee in amount of $300 collected. Receipt No. 0979-5317093 issued. Signed on 2/22/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 02/22/2018)

Notification of CM/ECF Account for Gabriel Arkles (Pro Hac Vice admission). Your login is: garkles. Go to the CM/ECF login page to set your password. (ecp) (Entered: 02/22/2018)

ORDER: Granting Application for Special Admission Pro Hac Vice of Shayna Medley-Warsoff for Basic Rights Oregon. Application Fee in amount of $300 collected. Receipt No. 0979-5317122 issued. Signed on 2/22/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 02/22/2018)

Notification of CM/ECF Account for Shayna Medley-Warsoff (Pro Hac Vice admission). Your login is: smedleywarsoff. Go to the CM/ECF login page to set your password. (ecp) (Entered: 02/22/2018)

Notice of Appearance of Kelly K. Simon appearing on behalf of Basic Rights Oregon Filed by on behalf of Basic Rights Oregon. (Simon, Kelly) (Entered: 02/23/2018)

Notice of Appearance of Mathew W. dos Santos appearing on behalf of Basic Rights Oregon Filed by on behalf of Basic Rights Oregon. (dos Santos, Mathew) (Entered: 02/23/2018)

Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-5317115. The request has been granted and the amount of $300.00 will be refunded to Legal Services PDX Acct Related Doc 32 Request for Refund of Fees Paid Electronically,. (nd) (Entered: 03/02/2018)

Response in Opposition to Motion to Dismiss for Failure to State a Claim 31 Oral Argument requested. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 03/06/2018)

Response in Opposition to Motion to Intervene 24 Oral argument requested. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 03/06/2018)

Response in Opposition to Motion to Dismiss for Failure to State a Claim 30, Motion to Intervene 24 Oral argument requested. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 03/06/2018)

Notice of Appearance of James O. Bickford appearing on behalf of Betsy DeVos, Jeff Sessions, United States Department of Education, United States Department of Justice Filed by on behalf of Betsy DeVos, Jeff Sessions, United States Department of Education, United States Department of Justice. (Bickford, James) (Entered: 03/09/2018)

Unopposed Motion for Extension of Time to Answer . Expedited Hearing requested. Filed by Betsy DeVos, United States Department of Education, Jeff Sessions, United States Department of Justice. (Attachments: # 1 Proposed Order) (Bickford, James) (Entered: 03/09/2018)

ORDER: Granting Motion for Extension of Time to Answer 45 . Answer is due by 3/15/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/12/2018)

Order on Motion for Extension of Time to Answer a Complaint/Petition

Joint Motion for Extension of Discovery & PTO Deadlines . Expedited Hearing requested. Filed by Betsy DeVos, Jeff Sessions, United States Department of Education, United States Department of Justice. (Attachments: # 1 Proposed Order) (Bickford, James) (Entered: 03/14/2018)

ORDER: Granting Motion for Extension of Discovery & PTO Deadlines 47 . Plaintiff's amended complaint, if any, will be due 30 days after the Court rules on Defendants' motions to dismiss; responses are due 30 days filing of any amended complaint. The parties shall submit a joint proposed scheduling order 15 days after Defendants; file their answers, if any. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/15/2018)

Order on Motion for Extension of Discovery & PTO Deadlines

Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Filed by Betsy DeVos, United States Department of Education, Jeff Sessions, United States Department of Justice. (Attachments: # 1 Proposed Order) (Bickford, James) (Entered: 03/15/2018)

Unopposed Motion to Appear as Amicus Curiae . Filed by Kate Brown, Oregon Department of Education. (Attachments: # 1 Proposed Document Brief in Support of Motion to Dismiss) (Scott, Carla) (Attachment 1 replaced on 3/19/2018) (cw). (Main Document 50 replaced on 3/19/2018) (cw). (Entered: 03/19/2018)

Clerk's Notice of Docket Correction regarding 50 Motion to appear as amicus curiae. A corrected PDF has been uploaded and has replaced the incorrect attachment #1 (added "Amicus" to the title of the document). The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 03/19/2018)

Clerk's Notice of Docket Correction regarding 50 Motion to appear as amicus curiae. A corrected PDF has been uploaded and has replaced the incorrect attachment (Main Document - changed title from Amici to "Amicus".) The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 03/19/2018)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim 31 . Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 03/19/2018)

Declaration of Peter R. Mersereau . Filed by Dallas School District No. 2. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 53 .) (Mersereau, Peter) (Entered: 03/19/2018)

Reply to Motion to Intervene 24 Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 03/20/2018)

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

Reply to Motion to Dismiss for Failure to State a Claim 30 Oral Argument requested. Filed by Basic Rights Oregon. (Sands, Darin) (Entered: 03/20/2018)

ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Failure to State a Claim 31 filed by Dallas School District No. 2. Reply is due by 3/26/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/20/2018)

Reply to Motion to Dismiss for Failure to State a Claim 31 . Filed by Dallas School District No. 2. (Mersereau, Peter) (Entered: 03/26/2018)

Response in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 49 Oral Argument Requested requested. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 03/29/2018)

Declaration of CAROLINE JANZEN . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 59 .) (Attachments: # 1 Exhibit Exs 1-10 to Janzen Decl, # 2 Exhibit Ex. 11 to Janzen Decl) (Grey, Herbert) (Entered: 03/29/2018)

Response in Opposition to Unopposed Motion to Appear as Amicus Curiae 50 Oral Argument Requested requested. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 03/29/2018)

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 49 . Expedited Hearing requested. Filed by Betsy DeVos, Jeff Sessions, United States Department of Education, United States Department of Justice. (Attachments: # 1 Proposed Order) (Bickford, James) (Entered: 04/06/2018)

ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction 49 filed by Betsy DeVos, United States Department of Justice, Jeff Sessions, United States Department of Education. Federal Defendants' Reply is due by 4/19/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 04/10/2018)

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

Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 49 . Filed by Betsy DeVos, Jeff Sessions, United States Department of Education, United States Department of Justice. (Attachments: # 1 Exhibit) (Bickford, James) (Entered: 04/19/2018)

ORDER: On April 19, 2018, Federal Defendants filed their reply in support of their motion to dismiss 64 . There are three fully-briefed motions to dismiss before the Court 30, 31 and 49 . Accordingly, the Court will take the motions to dismiss under advisement as of April 19, 2018. Additionally, the Court GRANTS Governor Kate Brown and Oregon Department of Education's motion for leave to appear as amicus curiae 50 . Lastly, regarding Basic Right Oregon's (BRO) motion to intervene as defendant 24, the Court considers the following requirements for determining whether permissive intervention is appropriate. Under Federal Rule of Civil Procedure 24(b)(1)(B) as applied in the Ninth Circuit, there must be: (1) independent grounds for jurisdiction; (2) the motion must be timely; and (3) there must be a common question of law and fact between the movant's claim or defense and the main action. Freedom from Religion Found., Inc. v. Geithner, 644 F.3d 836, 843 (9th Cir. 2011). The Court concludes that BRO has satisfied each requirement outlined above and its proposed permissive intervention in this case is appropriate. Therefore, the Court exercises its discretion to GRANT BRO's motion 24 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 04/19/2018)

Scheduling Order by Judge Marco A. Hernandez. Oral Argument on the parties' motions to dismiss is set for 5/23/2018 at 01:30PM in Portland Courtroom 14B before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 04/26/2018)

MINUTES of Proceedings: Oral Argument Held on (1) Basic Rights Oregon's Motion to Dismiss for Failure to State a Claim 30 (2) Dallas School District No. 2's Motion to Dismiss for Failure to State a Claim 31, and (3) Federal Defendants' Motion to Dismiss for Failure to State a Claim and Lack of Jurisdiction 49 . ORDER: The parties' motions are taken under advisement as of 5/23/2018. Herbert G. Grey, J. Ryan Adams, and Caleb Leonard present as counsel for plaintiff(s). James O. Bickford (Federal Defendants), Beth Plass and Peter R. Mersereau (Dallas School District), Carla Scott (State Defendants), and Gabriel Arkles, Darin M. Sands, Kelsey M. Benedick, Shayna Medley-Warsoff and Kelly K. Simon (Basic Rights of Oregon) present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 05/23/2018)

Notice of Supplemental Authority Filed by Basic Rights Oregon. (Attachments: # 1 Attachment Opinions) (Benedick, Kelsey) (Entered: 05/31/2018)

OPINION & ORDER: Dallas School District No. 2, Federal Defendants, and Basic Rights Oregon's motions to dismiss 30 31 49 are GRANTED. The Court finds that Plaintiffs cannot plausibly re-allege their claims and that any amendment would be futile. For the reasons discussed above, the Court dismisses with prejudice all of Plaintiffs' claims. Accordingly, Plaintiffs' motion for a preliminary injunction is DENIED as moot. Signed on 7/24/2018 by Judge Marco A. Hernandez. (jp) (Entered: 07/24/2018)

JUDGMENT. This case is dismissed with prejudice. Signed on 7/24/2018 by Judge Marco A. Hernandez. (jp) (Entered: 07/24/2018)

Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-5525932: includes representation statement. Filed by All Plaintiffs. (Grey, Herbert) (Entered: 08/21/2018)

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 71 . Case Appealed to 9th Circuit Court of Appeals Case Number 18-35708 assigned. (jtj)

Transcript Designation and Order Form for the hearing held on 7/24/2018 before Judge HERNANDEZ. Court Reporter: NANCY M. WALKER. . Filed by Parents for Privacy. Transcript is due by 10/22/2018. (Grey, Herbert) (Entered: 09/20/2018)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on May 23, 2018 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@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 from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/16/2018. Redaction Request due 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019. (Walker, Nancy) (Entered: 10/09/2018)

USCA Opinion for the 9th Circuit, USCA #18-35708, re Notice of Appeal 71 . The decision of the District Court is: AFFIRMED. (Attachments: # 1 Post Judgment Form) (jtj) (Entered: 02/13/2020)

MANDATE Issued regarding ( 74 USCA Opinion for the 9th Circuit, USCA #18-35708, re Notice of Appeal 71 . The decision of the District Court is: AFFIRMED. (jtj) (Entered: 04/06/2020)

Notice received from the Supreme Court: petition for certiorari filed on 7/10/2020. Supreme Court Number 20-62. (jtj) (Entered: 07/30/2020)

The petition for writ of certiorari was denied on 12/7/2020. Supreme Court number 20-62. Related Document: Certiorari Notice Received. (ecp) (Entered: 12/11/2020)

Notice of Change of Address. Filed by Dallas School District No. 2. (Fry, Blake) (Entered: 12/24/2020)