Crista Eggers, et al v. Robert Evnen
| Crista Eggers and Nebraskans for Medical Marijuana, NMM |
| Robert B. Evnen |
| State of Arkansas, State of Alabama, State of Alaska, State of Florida, State of Idaho, State of Indiana, State of Louisiana, State of Missouri, State of Montana, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture |
| Raise the Wage Nebraska, Anthony B. Schutz, Steven R. Dunbar, Nebraska Civic Engagement Table and Common Cause Nebraska |
| 22-2268 |
| June 14, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Voting |
Docket Report
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MANDATE ISSUED. [5206837] [22-2268] (CNL) [Entered: 10/12/2022 09:23 AM]
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JUDGE ORDER: Denying [ # 5198202-2 ] petition for enbanc rehearing filed by Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana. The petition for panel rehearing is also denied. Judge Grasz did not participate in the consideration or decision of this matter. PUBLISHED ORDER. Adp Aug 2022 [5204822] [22-2268] (CNL) [Entered: 10/05/2022 08:18 AM]
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PETITION for enbanc rehearing and also for rehearing by panel filed by Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana w/service 09/14/2022 [5198202] [22-2268] (DJG) [Entered: 09/14/2022 12:47 PM]
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JUDGMENT FILED - The judgment of the originating court is REVERSED and REMANDED in accordance with the opinion. RAYMOND W. GRUENDER, JANE KELLY and DAVID R. STRAS Adp Aug 2022 [5193194] [22-2268] (CNL) [Entered: 08/31/2022 08:47 AM]
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OPINION FILED - THE COURT: Raymond W. Gruender, Jane Kelly and David R. Stras AUTHORING JUDGE: Raymond W. Gruender DISSENT BY: Jane Kelly (PUBLISHED)[5193176] [22-2268] (CNL) [Entered: 08/31/2022 08:28 AM]
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Paper copies Reply brief, [ # 5184956-2 ] filed by Mr. Robert B. Evnen 10 paper copies received. [5186596] [22-2268] (CRJ) [Entered: 08/11/2022 01:07 PM]
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SCREENING LETTER sent Argument to No Argument. [22-2268] (MR) [Entered: 08/09/2022 03:24 PM]
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CORRECTED/INITIAL certificate of service for , Doc No. [ # 5185080-2 ], filed by Amici on Behalf of Appellee(s) Common Cause Nebraska, Steven R. Dunbar, Nebraska Civic Engagement Table and Mr. Anthony B. Schutz [5185716] [22-2268] (NDC) [Entered: 08/09/2022 03:13 PM]
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CASE SUBMITTED Ad Panel Submission before Judges Raymond W. Gruender, Jane Kelly, David R. Stras in St. Louis [5186158] [22-2268] (CNL) [Entered: 08/10/2022 02:01 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Robert B. Evnen. w/service 08/08/2022 , Length: 6,132 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Robert B. Evnen due 08/15/2022 WITH certificate of service for paper briefs [5184956] [22-2268] (CNL) [Entered: 08/08/2022 10:35 AM]
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REPLY brief of Mr. Robert B. Evnen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5184747] [22-2268] (JAC) [Entered: 08/05/2022 03:43 PM]
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Paper copies Amicus Brief, [ # 5183911-2 ] filed by Common Cause Nebraska, Steven R. Dunbar, Nebraska Civic Engagement Table and Mr. Anthony B. Schutz 10 paper copies received. New electronic Certificate of Service to be submitted by 08/10/2022. See attached deficiency notice. [5185080] [22-2268] (CNL) [Entered: 08/08/2022 12:47 PM]
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Paper copies Amicus Brief, [ # 5181957-2 ] filed by Raise the Wage Nebraska. 10 paper copies received. [5184257] [22-2268] (BNW) [Entered: 08/04/2022 02:48 PM]
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BRIEF FILED - AMICUS BRIEF filed by Common Cause Nebraska, Steven R. Dunbar, Nebraska Civic Engagement Table and Mr. Anthony B. Schutz w/service 08/03/2022 , Length: 6,188 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Common Cause Nebraska, Steven R. Dunbar, Nebraska Civic Engagement Table and Anthony B. Schutz due 08/08/2022 WITH certificate of service for paper briefs [5183911] [22-2268] (CNL) [Entered: 08/03/2022 04:05 PM]
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Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5183587] [22-2268] (MR) [Entered: 08/03/2022 10:08 AM]
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Paper copies Amicus Brief, [ # 5182505-2 ] filed by Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture 10 paper copies received. [5183408] [22-2268] (CNL) [Entered: 08/02/2022 04:08 PM]
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AMICUS/INTERVENOR brief of Anthony Schutz, JD, Steven R. Dunbar, PhD, Nebraska Civic Engagement Table, and Common Cause Nebraska submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5183419] [22-2268] DOCUMENT REPLACED TO INCLUDE STATEMENT RE: CONSENT OF THE PARTIES--NDA RESENT--[Edited 08/03/2022 by AMT] (NDC) [Entered: 08/02/2022 04:24 PM]
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Paper copies Appellee/Respondent brief, [ # 5181681-2 ] filed by Ms. Crista Eggers and Nebraskans for Medical Marijuana 10 paper copies received. [5182746] [22-2268] (CNL) [Entered: 08/01/2022 12:03 PM]
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JUDGE ORDER: Granting [ # 5182385-2 ] motion for extension of time to file brief filed by Mr. James A. Campbell. Reply brief of Robert B. Evnen due 08/05/2022. Adp June 2022 [5182895] [22-2268] (CNL) [Entered: 08/01/2022 03:09 PM]
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CERTIFICATE OF COMPLIANCE filed by Attorney Ms. Sheila A. Bentzen for Interested Partys Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture correcting [ # 5182211-2 ] leave to file amicus brief , [ # 5182211-3 ]. [5182290] [22-2268]--[Edited 08/01/2022 by CNL. Modified to include We Support Agriculture in docket entry.] (SAB) [Entered: 07/29/2022 01:07 PM]
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On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your interest party motion leave to file amicus brief, [ # 5182211-2 ], pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [22-2268]--[Edited 07/29/2022 by CNL. Modified to correct docket text. NDA resent.] (CNL) [Entered: 07/29/2022 11:51 AM]
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MOTION interested party, Nebraska Farm Bureau Federation, Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska Wheat Growers Association, Nebraska Corn Growers Association, et. al , for leave to file amicus curiae brief on behalf of Supporting Position of Appellant Robert B. Evnen. w/service 07/29/2022. [5182211] [22-2268] (SAB) [Entered: 07/29/2022 11:01 AM]
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MOTION for extension of time to file brief until 08/05/2022, filed by Attorney Mr. James A. Campbell for Appellant Mr. Robert B. Evnen w/service 07/29/2022. [5182385] [22-2268] (JAC) [Entered: 07/29/2022 02:40 PM]
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CLERK ORDER: Granting [ # 5182211-2 ] motion leave to file amicus brief of interested parties Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture. Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture in 22-2268 have been changed to amici in this case. [5182466] [22-2268] (CNL) [Entered: 07/29/2022 03:56 PM]
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Paper copies Amicus Brief, [ # 5181682-2 ] filed by State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Indiana, State of Louisiana, State of Missouri, State of Montana, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah and State of West Virginia 10 paper copies received. [5182733] [22-2268] (CNL) [Entered: 08/01/2022 11:48 AM]
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BRIEF FILED - AMICUS BRIEF filed by Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Farm Bureau Federation, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska State Dairy Association, Nebraska Wheat Growers Association and We Support Agriculture w/service 07/29/2022 , Length: 6,677 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Amici Curiae due 08/03/2022 WITH certificate of service for paper briefs [5182505] [22-2268]--[Edited 08/01/2022 by CNL] NDA RESENT WITH COVER LETTER ATTACHED. (CNL) [Entered: 07/29/2022 04:39 PM]
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BRIEF FILED - APPELLEE BRIEF filed by Ms. Crista Eggers and Nebraskans for Medical Marijuana, w/service 07/28/2022 , Length: 9,286 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Crista Eggers and Nebraskans for Medical Marijuana due 08/02/2022 WITH certificate of service for paper briefs. Reply brief of Robert B. Evnen due on 08/02/2022. [5181681] [22-2268] (CNL) [Entered: 07/28/2022 09:18 AM]
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BRIEF FILED - AMICUS BRIEF filed by State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Indiana, State of Louisiana, State of Missouri, State of Montana, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah and State of West Virginia w/service 07/28/2022 , Length: 4,200 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Amici Curiae due 08/02/2022 WITH certificate of service for paper briefs [5181682] [22-2268]--[Edited 07/28/2022 by CNL] NDA RESENT WITH COVER LETTER ATTACHED. (CNL) [Entered: 07/28/2022 09:22 AM]
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BRIEF FILED - AMICUS BRIEF filed by Raise the Wage Nebraska w/service 07/28/2022 , Length: 4,658 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Raise the Wage Nebraska due 08/02/2022 WITH certificate of service for paper briefs [5181957] [22-2268]--[Edited 07/29/2022 by CNL] NDA RESENT WITH COVER LETTER ATTACHED. (CNL) [Entered: 07/28/2022 03:02 PM]
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AMICUS/INTERVENOR brief of Raise the Wage Nebraska submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5181683] [22-2268] (MJ) [Entered: 07/28/2022 09:22 AM]
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AMICUS/INTERVENOR brief of States of Arkansas, Alabama, Alaska, Florida, Idaho, Indiana, Louisiana, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, Utah, and West Virginia submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5181602] [22-2268] (DLJ) [Entered: 07/27/2022 05:48 PM]
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APPELLEE brief of Ms. Crista Eggers and Nebraskans for Medical Marijuana submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5181598] [22-2268] (JS) [Entered: 07/27/2022 04:51 PM]
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RECORD FILED - JOINT APPENDIX, 1 volume, Comments: 3 copies [5180906] [22-2268] (CNL) [Entered: 07/26/2022 02:06 PM]
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Paper copies Appellant/Petitioner Brief, [ # 5180160-2 ] filed by Mr. Robert B. Evnen 10 paper copies received. w/Addendum attached [5180902] [22-2268] (CNL) [Entered: 07/26/2022 02:00 PM]
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Addendum of APPELLANT submitted for review by Mr. Robert B. Evnen. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5180133] [22-2268] (JAC) [Entered: 07/22/2022 03:44 PM]
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APPELLANT brief of Mr. Robert B. Evnen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5180129] [22-2268] (JAC) [Entered: 07/22/2022 03:42 PM]
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ADDENDUM of APPELLANT FILED by Appellant Mr. Robert B. Evnen , w/service 07/22/2022 [5180145] [22-2268] (CNL) [Entered: 07/22/2022 04:08 PM]
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Brief deficiency notice sent to counsel, Attorney Mr. James A. Campbell for Appellant Mr. Robert B. Evnen. [5180142] [22-2268] (CNL) [Entered: 07/22/2022 04:03 PM]
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APPELLANT brief of Mr. Robert B. Evnen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5180154] [22-2268] (JAC) [Entered: 07/22/2022 04:18 PM]
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BRIEF FILED - APPELLANT BRIEF filed by Mr. Robert B. Evnen. w/service 07/22/2022 , Length: 11,318 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Robert B. Evnen due 07/27/2022 WITH certificate of service for paper briefs. Brief of Crista Eggers and Nebraskans for Medical Marijuana due on 07/27/2022 [5180160] [22-2268] (CNL) [Entered: 07/22/2022 04:25 PM]
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JUDGE ORDER: The [ # 5175648-2 ] motion for an expedited appeal is granted. The following briefing schedule is established: Brief and Appendix of Robert B. Evnen due 07/22/2022; Appellees' response brief shall be due five days after the filing of the appellant's brief; Appellant's reply brief shall be due five days after the filing of the appellees' response brief. Adp June 2022 [5176219] [22-2268] (HAG) [Entered: 07/11/2022 04:45 PM]
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MOTION for an expedited appeal, filed by Ms. Jane Seu for Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana, Mr. Daniel J. Gutman for Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana, Ms. Mindy Rush Chipman for Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana and Ms. Regina E. Schneider for Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana w/service 07/08/2022. [5175648] [22-2268] (JS) [Entered: 07/08/2022 03:55 PM]
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JUDGE ORDER: Appellants emergency motion for stay of the preliminary injunction pending appeal is granted [ # 5168242-2 ]. Judge Kelly would have denied the motion. RAYMOND W. GRUENDER, JANE KELLY and DAVID R. STRAS. Adp June 2022 [5174616] [22-2268] (CNL) [Entered: 07/06/2022 02:47 PM]
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METHOD of appendix preparation filed by Appellant Mr. Robert B. Evnen - Joint Appendix - w/service 06/28/2022 [5172205] [22-2268] (JAC) [Entered: 06/28/2022 01:12 PM]
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DESIGNATION of record filed by Appellant Mr. Robert B. Evnen. w/service 06/28/2022 [5172210] [22-2268] (JAC) [Entered: 06/28/2022 01:14 PM]
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Certificate of transcript filed by Appellant Mr. Robert B. Evnen. No Transcript[5172203] [22-2268] (JAC) [Entered: 06/28/2022 01:10 PM]
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STATEMENT of issues filed by Appellant Mr. Robert B. Evnen - w/service 06/28/2022. [5172214] [22-2268] (JAC) [Entered: 06/28/2022 01:16 PM]
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REPLY to response [ # 5170274-2 ] filed by Appellant Mr. Robert B. Evnen w/service 06/27/2022. [5171593] [22-2268] (JAC) [Entered: 06/27/2022 12:33 PM]
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RESPONSE in opposition to motion for stay pending appeal and for expedited briefing and consideration of motion [ # 5168242-2 ] filed by Mr. Daniel J. Gutman, Ms. Mindy Rush Chipman, Ms. Regina E. Schneider, and Ms. Jane Seu for Appellees Ms. Crista Eggers and Nebraskans for Medical Marijuana , w/service 06/22/2022. [5170274] [22-2268]--[Edited 06/23/2022 by CNL. Modified to clean-up docket text.] (JS) [Entered: 06/22/2022 04:10 PM]
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LETTER from Appellant Mr. Robert B. Evnen regarding Briefing Schedule on Emergency Motion for Stay Pending Appeal. w/service 06/16/2022 [5168576] [22-2268] (JAC) [Entered: 06/16/2022 01:59 PM]
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CLERK ORDER: Appellants unopposed request to expedite briefing on Appellants motion for stay pending appeal is granted [ # 5168242-2 ]. Appellees response to the motion is due June 22, 2022. Appellants reply is due June 27, 2022. [5168688] [22-2268] (CNL) [Entered: 06/16/2022 04:19 PM]
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APPEARANCE filed by Regina Schneider for Appellees Ms. Crista Eggers and NMM w/service 06/15/2022 [5167781] [22-2268] (JS) [Entered: 06/15/2022 09:18 AM]
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APPEARANCE filed by Jane Seu for Appellees Ms. Crista Eggers and NMM w/service 06/15/2022 [5167777] [22-2268] (JS) [Entered: 06/15/2022 09:11 AM]
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APPEARANCE filed by Daniel J. Gutman for Appellees Ms. Crista Eggers and NMM w/service 06/15/2022 [5167779] [22-2268] (JS) [Entered: 06/15/2022 09:16 AM]
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APPEARANCE filed by Mindy Rush Chipman for Appellees Ms. Crista Eggers and NMM w/service 06/15/2022 [5167778] [22-2268] (JS) [Entered: 06/15/2022 09:15 AM]
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CORPORATE disclosure statement filed by Appellee NMM. - FOR CAL [5167785] [22-2268] (JS) [Entered: 06/15/2022 09:22 AM]
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APPEARANCE filed by Justin J. Hall for Appellant Mr. Robert B. Evnen w/service 06/15/2022 [5168208] [22-2268] (JJH) [Entered: 06/15/2022 03:32 PM]
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APPEARANCE filed by Jennifer A. Huxoll for Appellant Mr. Robert B. Evnen w/service 06/15/2022 [5168191] [22-2268] (JAH) [Entered: 06/15/2022 03:25 PM]
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MOTION for stay pending appeal and for expedited briefing and consideration of motion, filed by Attorney Mr. James A. Campbell for Appellant Mr. Robert B. Evnen w/service 06/15/2022. [5168242] [22-2268]--[Edited 06/16/2022 by CNL. Modified to include expedited relief to motion.] (JAC) [Entered: 06/15/2022 04:00 PM]
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APPEARANCE filed by James A. Campbell for Appellant Mr. Robert B. Evnen w/service 06/15/2022 [5168230] [22-2268] (JAC) [Entered: 06/15/2022 03:48 PM]
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Originating court document filed consisting of notice of appeal, docket entries, and Preliminary Injunction Order 06/13/2022. [5167660] [22-2268] (CJO) [Entered: 06/14/2022 03:52 PM]
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Civil case docketed. [5167659] [22-2268] (CJO) [Entered: 06/14/2022 03:49 PM]
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BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 07/25/2022. BRIEF OF APPELLANT Robert B. Evnen due 07/25/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5167662] [22-2268] (CJO) [Entered: 06/14/2022 03:55 PM]
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