Dorothy McKay, et al v. Sandra Hutchens, et al
| DOROTHY MCKAY, DIANA KILGORE, DAVID WEISS, THE CRPA FOUNDATION, PHILLIP WILLMS and FRED KOGEN |
| INTERNATIONAL LAW ENFORCEMENT EDUCATORS AND TRAINERS ASSOCIATION, THE GUN OWNERS OF CALIFORNIA, H. L. RICHARDSON, Senator (Retired), BRADY CENTER TO PREVENT GUN VIOLENCE, RON DAVIS and LUCIA MCBATH, Parents of JORDAN DAVIS; MAJOR CITIES CHIEFS ASSOCIATION; and INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS, CENTER FOR CONSTITUTIONAL JURISPRUDENCE, INTERNATIONAL ASSOCIATION OF LAW ENFORCEMENT FIREARMS INSTRUCTORS, INC., LAW CENTER TO PREVENT GUN VIOLENCE, CONGRESS OF RACIAL EQUALITY, NRA CIVIL RIGHTS DEFENSE FUND and INDEPENDENCE INSTITUTE |
| SANDRA HUTCHENS, Sheriff, individually and in her official capacity as Sheriff of Orange County, California and ORANGE COUNTY SHERIFF CORONER DEPARTMENT |
| 12-57049 |
| November 9, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 73 Received letter from the Supreme Court dated 11/29/2016 regarding the application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kennedy, who on November 29, 2016, extended the time to and including January 5, 2017. Application No. 16A526. [10225806] (RR) [Entered: 12/08/2016 02:21 PM] |
| Filing 72 MANDATE ISSUED.(HP, KMW and RCT) [10145338] (RR) [Entered: 10/03/2016 10:05 AM] |
| Filing 71 FILED MEMORANDUM DISPOSITION (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) AFFIRMED. FILED AND ENTERED JUDGMENT. [10114474] (PH) [Entered: 09/07/2016 10:01 AM] |
| Filing 70 Attorney Neil R. O'Hanlon in 12-57049 substituted by Attorney Paul B. Salvaty in 12-57049 [9961505] (RR) [Entered: 05/02/2016 06:31 PM] |
| Filing 69 Filed (ECF) notice of appearance of Paul B. Salvaty for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 05/02/2016. [9961059] [12-57049] (Salvaty, Paul) [Entered: 05/02/2016 03:32 PM] |
| Filing 68 Terminated Nicholas S. Chrisos for Orange County Sheriff Coroner Department and Sandra Hutchens in 12-57049 (due to incorrect account info) [9841924] (JT) [Entered: 01/27/2016 08:45 AM] |
| Filing 67 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) Appellants Motion for Relief from Stay and Request for Issuance of Memorandum Opinion is DENIED. Judge Tallman would grant the motion because, in light of Peruta v. Cnty. of San Diego, 742 F.3d 1144 (9th Cir. 2014), Plaintiffs-Appellants satisfy the factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), and are entitled to a preliminary injunction. [9069714] (BJB) [Entered: 04/23/2014 01:24 PM] |
| Filing 66 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Motion to lift stay. Date of service: 04/07/2014. [9047971] (CDM) [Entered: 04/07/2014 05:38 PM] |
| Filing 65 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms citation of supplemental authorities. Date of service: 03/12/2014. [9015501] (CDM) [Entered: 03/13/2014 05:33 PM] |
| Filing 64 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN) The central issues of this case are the scope of the Second Amendment right to bear arms in public and the standard of review for Second Amendment challenges. There are currently several pending cases in the Ninth Circuit concerning these very issues. Accordingly, submission of this case is vacated and proceedings are stayed pending resolution of the following cases: United States v. Chovan, No. 11-50107 (submitted 2/15/12); Peruta v. County of San Diego, No. 10-56971 12/6/12); Richards v. Prieto, No. 11-16255 (submitted 12/6/12); and Baker v. Kealoha, No. 12-16258 (submitted 12/6/12). The panel retains jurisdiction over this petition for review. (submitted [8858927] (SM) [Entered: 11/12/2013 01:58 PM] |
| Filing 63 ARGUED AND SUBMITTED TO HARRY PREGERSON, KIM MCLANE WARDLAW and RICHARD C. TALLMAN. [8812005] (LN) [Entered: 10/07/2013 03:15 PM] |
| Filing 62 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms citation of supplemental authorities. Date of service: 09/13/2013. [8782042] (CDM) [Entered: 09/13/2013 03:03 PM] |
| Filing 61 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Sean Anthony Brady for Appellants Dorothy McKay, Diana Kilgore, Phillip Willms, Fred Kogen, David Weiss and The CRPA Foundation. [8741783] (CDM) [Entered: 08/13/2013 03:25 PM] |
| Filing 60 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Marianne Van Riper for Appellees Sandra Hutchens and Orange County Sheriff Coroner Department. [8732529] (MV) [Entered: 08/06/2013 11:59 AM] |
| Filing 59 Notice of Oral Argument on OCTOBER Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8727314] (LN) [Entered: 08/01/2013 03:40 PM] |
| Filing 58 Submitted (ECF) excerpts of record. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 11/29/2012. [8714924] (CDM) [Entered: 07/23/2013 03:00 PM] |
| Filing 57 Sent Notice requesting electronic excerpts in 14 days. [8710052] (SS) [Entered: 07/18/2013 05:49 PM] |
| Filing 56 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss, Phillip Willms and Appellees Sandra Hutchens and Orange County Sheriff Coroner Department citation of supplemental authorities. Date of service: 05/31/2013. [8650936] (CDM) [Entered: 05/31/2013 03:44 PM] |
| Filing 55 Filed (ECF) Appellees Sandra Hutchens and Orange County Sheriff Coroner Department citation of supplemental authorities. Date of service: 05/23/2013. [8640499] (MV) [Entered: 05/23/2013 10:24 AM] |
| Filing 54 Received 7 paper copies of Reply brief [ # 51 ] filed by Appellants. [8545665] (SD) [Entered: 03/11/2013 03:10 PM] |
| Filing 53 Filed Appellants' paper copies of supplemental excerpts of record [ # 50 ] in 1 volume (entitled "Vol. 4"). [8545505] (LA) [Entered: 03/11/2013 02:32 PM] |
| Filing 52 Filed clerk order: The reply brief [ # 51 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 50 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8538372] (LA) [Entered: 03/05/2013 04:42 PM] |
| Filing 51 Submitted (ECF) Reply Brief for review. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 03/04/2013. [8536523] (CDM) [Entered: 03/04/2013 11:45 PM] |
| Filing 50 Submitted (ECF) supplemental excerpts of record. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 03/04/2013. [8536521] (CDM) [Entered: 03/04/2013 11:39 PM] |
| Filing 49 Sent letter to Kamala D. Harris, California Attorney General, re: In accordance with Federal Rule of Appellate Procedure 44 and 28 U.S.C. 2403(b), we are certifying to the Attorney General of the State of California a constitutional challenge to a state statute raised in a pending appeal in which the State of California is not a party. The case is: McKay v. Hutchens., no. 12-57049. The state statute at issue is California Penal Code 26150. [8521841] (HH) [Entered: 02/21/2013 02:12 PM] |
| Filing 48 Received 7 paper copies of Amicus brief [ # 40 ] filed by Brady Center to Prevent Gun Violence, et al. [8495918] (SD) [Entered: 01/31/2013 02:29 PM] |
| Filing 47 Filed clerk order (Deputy Clerk: TSP): Appellants unopposed motion for an extension of time to file the reply brief in this preliminary injunction appeal is granted. The optional reply brief is now due March 4, 2013. [8492969] (WL) [Entered: 01/29/2013 03:44 PM] |
| Filing 46 Received 7 paper copies of Amicus brief [ # 37 ] filed by Law Center to Prevent Gun Violence. [8488894] (SD) [Entered: 01/25/2013 02:38 PM] |
| Filing 45 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Motion to extend time to file Reply brief until 03/04/2013. Date of service: 01/24/2013. [8487509] (CDM) [Entered: 01/24/2013 05:28 PM] |
| Filing 44 Filed clerk order: The amicus brief [ # 40 ] submitted by Brady Center to Prevent Gun Violence, Ron Davis and Lucia McBath, parents of Jordan Davis; Major Cities Chiefs Association; and International Brotherhood of Police Officers is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8487261] (LA) [Entered: 01/24/2013 03:56 PM] |
| Filing 43 Entered appearance of Amici Curiae Brady Center to Prevent Gun Violence, Ron Davis and Lucia McBath, parents of Jordan Davis; Major Cities Chiefs Association; and International Brotherhood of Police Officers. [8487240] (LA) [Entered: 01/24/2013 03:51 PM] |
| Filing 42 Streamlined request by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms to extend time to file the brief is not approved. The parties are informed that the streamlined process doesn't apply to any brief in Preliminary Injunction Appeals (Ninth Circuit Rule 3-3); a Rule 31-2.2(b) motion is necessary. [8486529]. (LBS) [Entered: 01/24/2013 01:14 PM] |
| Filing 41 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. New requested due date is 03/04/2013. [8486361] (CDM) [Entered: 01/24/2013 12:02 PM] |
| Filing 40 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center to Prevent Gun Violence; Ron Davis; Lucia McBath; Major Cities Chiefs Association; International Brotherhood of Police Officers. Date of service: 01/24/2013. [8486213] (NRO) [Entered: 01/24/2013 11:24 AM] |
| Filing 39 Filed clerk order: The amicus brief [ # 37 ] submitted by Law Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8485888] (LA) [Entered: 01/24/2013 09:47 AM] |
| Filing 38 Entered appearance of Amicus Curiae Law Center to Prevent Gun Violence. [8485886] (LA) [Entered: 01/24/2013 09:46 AM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Center to Prevent Gun Violence. Date of service: 01/23/2013. [8485443] (CRC) [Entered: 01/23/2013 05:27 PM] |
| Filing 36 Received 7 paper copies of Answering brief [ # 33 ] filed by Sandra Hutchens and Orange County Sheriff Coroner Department. [8485177] (SD) [Entered: 01/23/2013 03:48 PM] |
| Filing 35 Filed Appellees' paper copies of supplemental excerpts of record [ # 33 ] in 1 volume. [8482686] (JB) [Entered: 01/22/2013 03:12 PM] |
| Filing 34 Filed clerk order: The answering brief [ # 33 ] submitted by Sandra Hutchens and Orange County Sheriff Coroner Department is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 33 ]. Within 7 days of this order, Sandra Hutchens and Orange County Sheriff Coroner Department is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8478559] (JB) [Entered: 01/17/2013 02:19 PM] |
| Filing 33 Submitted (ECF) Answering Brief and supplemental excerpts of record in 1 volume(s) for review. Submitted by Appellees Sandra Hutchens and Orange County Sheriff Coroner Department. Date of service: 01/17/2013. [8478422] (EP) [Entered: 01/17/2013 01:41 PM] |
| Filing 32 Filed clerk order: (SLJ) This is a preliminary injunction appeal. The unopposed oral motion for a 14-day extension of time to file the answering brief is granted. The answering brief is now due January 18, 2013, and the optional reply brief is due within 14 days after service of the answering brief. [8450743] (KD) [Entered: 12/21/2012 03:25 PM] |
| Filing 31 Received 7 paper copies of Opening brief [ # 6 ] filed by Appellants. [8448856] (SD) [Entered: 12/20/2012 04:00 PM] |
| Filing 30 Received 7 paper copies of Amicus brief [ # 12 ] filed by Center For Constitutional Jurisprudence. [8444859] (SD) [Entered: 12/18/2012 03:34 PM] |
| Filing 29 Received 7 paper copies of Amicus brief [ # 23 ] filed by Independence Institute, IALEFI and ILEETA. [8442449]--[Edited 02/14/2013 by SD to clarify that the paper copies received were the corrected version of the brief.] (SD) [Entered: 12/17/2012 02:53 PM] |
| Filing 28 Received 7 paper copies of Amicus brief [ # 10 ] filed by Congress of Racial Equality. [8442430] (SD) [Entered: 12/17/2012 02:47 PM] |
| Filing 27 Received 7 paper copies of Amicus brief [ # 18 ] filed by NRA Civil Rights Defense Fund. [8442234] (SD) [Entered: 12/17/2012 02:01 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: TSP): This is a preliminary injunction appeal. The motion of NRA Civil Rights Defense Fund (NRACRDF) to extend time to file its amicus curiae brief and the accompanying motion for leave to appear as amicus curiae is granted. NRACRDFs motion for leave to file a brief amicus curiae is referred to the panel assigned to hear the merits of this appeal. Within 7 days after the date of this order, the prospective amicus is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical the version submitted electronically. A sample certificate is available on the court's website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The motion of International Law Enforcement Educator & Trainers Association, et al., for leave to file a corrected brief of prospective amici curiae is granted. Within 7 days after the date of this order, prospective amici shall comply with the provisions of the December 10, 2012 order. The request for certification of appellants potential constitutional challenge to the State Attorney General shall be addressed separately. The previously established briefing schedule remains in effect.[8438751] (WL) [Entered: 12/14/2012 08:13 AM] |
| Filing 25 Received 7 paper copies of Amicus brief [ # 15 ] filed by H. L. Richardson and The Gun Owners of California. [8437850] (SD) [Entered: 12/13/2012 01:44 PM] |
| Filing 24 Filed (ECF) Amici Curiae - Pending Independence Institute, IALEFI and ILEETA Motion to file substitute or corrected brief. Date of service: 12/13/2012. [8437635] (DK) [Entered: 12/13/2012 12:39 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review. Submitted by Amici Curiae - Pending Independence Institute, IALEFI and ILEETA. Date of service: 12/12/2012. [8436260] (DK) [Entered: 12/12/2012 03:15 PM] |
| Filing 22 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Request For Certification of Plaintiffs-Appellants' Potential Constitutional Challenge to the State Attorney General. Date of service: 12/10/2012 [8432895] (CDM) [Entered: 12/10/2012 06:23 PM] |
| Filing 21 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Notice of Potential Claim of Unconstitutionality. Date of service: 12/10/2012 [8432893] (CDM) [Entered: 12/10/2012 06:14 PM] |
| Filing 18 Submitted (ECF) Amicus brief for review and filed Motion to extend time to file amicus brief until 12/10/2012 at 11:59 pm, Motion to become amicus curiae. Submitted by NRA Civil Rights Defense Fund. Date of service: 12/10/2012. [8432705] (MB) [Entered: 12/10/2012 04:08 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: TSP): This is a preliminary injunction appeal. The motions of (1) Congress of Racial Equality, Inc., (2) Center for Constitutional Jurisprudence, (3) International Law Enforcement Educators & Trainers Association, et al., and (4) Gun Owners of California and Senator H.L. Richardson (Ret.) for leave to file briefs amici curiae are referred to the panel assigned to hear the merits of this appeal. Within 7 days after the date of this order, the prospective amici are ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available on the court's website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The previously established briefing schedule remains in effect. [8432041] (WL) [Entered: 12/10/2012 01:26 PM] |
| Filing 20 Received original and 7 copies of Amicus Curiae - Pending NRA Civil Rights Defense Fund brief in 27 pages. Served on 12/06/2012. Major deficiencies: motion to file amicus brief pending. [8432874] --[Edited 12/14/2012 by LA (To Records for merits panel per 12/14/12 order)] (LA) [Entered: 12/10/2012 05:27 PM] |
| Filing 19 Filed NRA Civil Rights Defense Fund motion to file amicus curiae brief in support of appellants and in support of reversal; served on 12/06/2012. [8432873] (LA) [Entered: 12/10/2012 05:24 PM] |
| Filing 16 Entered appearance of Amici Curiae - Pending The Gun Owners of California and H. L. Richardson. [8429722] (LA) [Entered: 12/07/2012 10:08 AM] |
| Filing 15 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Gun Owners of California Senator H. L. Richardson (Ret.) Amicus Brief In Support of Appellants. Date of service: 12/06/2012. [8429410] (DK) [Entered: 12/06/2012 07:24 PM] |
| Filing 14 Entered appearance of Amici Curiae - Pending Center For Constitutional Jurisprudence, ILEETA, IALEFI and Independence Institute. [8428840] (LA) [Entered: 12/06/2012 03:05 PM] |
| Filing 13 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by International Law Enforcement Educators & Trainers Association, et al.. Date of service: 12/06/2012. [8428637] (DK) [Entered: 12/06/2012 02:28 PM] |
| Filing 12 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Center for Constitutional Jurisprudence. Date of service: 12/06/2012. [8428523] (JCE) [Entered: 12/06/2012 01:59 PM] |
| Filing 11 Entered appearance of Amicus Curiae - Pending Congress of Racial Equality. [8424293] (LA) [Entered: 12/04/2012 11:00 AM] |
| Filing 10 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Congress of Racial Equality. Date of service: 12/04/2012. [8423850] (SPH) [Entered: 12/04/2012 07:44 AM] |
| Filing 9 Filed Appellants' excerpts of record in 2 volumes. Served on 11/29/2012. [8422730] (JB) [Entered: 12/03/2012 11:19 AM] |
| Filing 8 Filed clerk order: The opening brief [ # 6 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8420471] (LA) [Entered: 11/29/2012 05:50 PM] |
| Filing 7 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Correspondence: Notice of Entitlement to Priority Hearing. Date of service: 11/29/2012 [8420234] (CDM) [Entered: 11/29/2012 03:44 PM] |
| Filing 6 Submitted (ECF) Opening brief for review. Submitted by Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms. Date of service: 11/29/2012. [8420201] (CDM) [Entered: 11/29/2012 03:33 PM] |
| Filing 5 Filed order MEDIATION (LJ): Based on a review of the Mediation Questionnaire, this case is not selected for inclusion in the Mediation Program. The existing briefing schedule remains in effect. Counsel for any party interested in obtaining assistance from the court in pursuing settlement of the case on appeal or learning more about the Mediation Program is encouraged to contact the undersigned, by fax (415) 355-8566. The communication will be kept confidential, if requested, from the other parties in the case. Counsel are requested to send copies of this order to their clients. [8420014] (BJB) [Entered: 11/29/2012 02:21 PM] |
| Filing 4 Filed (ECF) Appellants Diana Kilgore, Fred Kogen, Dorothy McKay, The CRPA Foundation, David Weiss and Phillip Willms Mediation Questionnaire. Date of service: 11/16/2012. [8406189] (CDM) [Entered: 11/16/2012 04:50 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: TP): The appeal filed November 9, 2012 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than December 7, 2012; the answering brief is due January 4, 2013 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [8397666] (WL) [Entered: 11/13/2012 08:55 AM] |
| Filing 2 Received Appellants' Representation Statement. Served on 11/09/2012. [8397095] (JN) [Entered: 11/09/2012 04:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 11/16/2012. Referred to MOATT pursuant to FRAP 3-3 - Preliminary Injunction Appeal. [8397078] (JN) [Entered: 11/09/2012 03:57 PM] |
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