Witt, et al v. Dept of Air Force, et al
| MARGARET WITT |
| DEPARTMENT OF THE AIR FORCE, DONALD H. RUMSFELD, Secretary of Defense, MICHAEL W. WYNNE, Secretary, Department of the Air Force and MARY L. WALKER, Commander, 446th Aeromedical Evacuation Squadron, McChord AFB |
| INTERNATIONAL COMMISSION OF JURISTS, CENTER FOR CONSTITUTIONAL RIGHTS, SERVICEMEMBERS LEGAL DEFENSE NETWORK, LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. and THE NATIONAL LEGAL FOUNDATION |
| 06-35644 |
| August 1, 2006 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Witt, et al v. Dept of Air Force, et al |
| Witt, et al v. Dept of Air Force, et al |
Docket Report
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This docket was last retrieved on June 10, 2009. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 59 MANDATE ISSUED.(WCC, SPG and RMG) [6952345] (SW) |
| Filing 58 Received letter from the Supreme Court dated 02/20/2009 regarding extension of time to file a petition for a writ of certiorari. (SW) |
| Filing 57 Filed Order for PUBLICATION and dissents by ; DFO; AJK and AK. (WILLIAM C. CANBY, SUSAN P. GRABER and RONALD M. GOULD) Denying Petition for panel and en banc rehearing (panel, all active judges, any interested senior judges) (PH) |
| Filing 56 Received Appellees Department of the Air Force, Donald H. Rumsfeld, Mary L. Walker and Michael W. Wynne additional citations, served on 08/13/2008. (panel and all active judges and any interested senior judges) (SW) |
| Filing 55 Filed original and 50 copies of Appellant Margaret Witt response to Petition for panel and en banc rehearing (panel, all active judges, any interested senior judges). 19 pages. Served on 08/06/2008. Date circulated to the court:08/08/2008 (PANEL-ACTIVE JUDGES-ANY INTERESTED SENIOR JUDGES) PLEASE NOTE: THE ATTACHED DOCUMENT IS A DOCUMENT INTERNAL TO THE COURT AND IS NOT ACCESSIBLE ON PACER OR ECF. (TB) |
| Filing 54 Filed order (RONALD M. GOULD) Within 30 days, Appellant shall file a response to the petition for rehearing and petition for rehearing en banc. See 9th Cir. R. 40-1. (WL) |
| Filing 53 Filed original and 50 copies of Appellees Department of the Air Force, Donald H. Rumsfeld, Mary L. Walker and Michael W. Wynne petition for panel rehearing en banc. Number of Pages 18. Served on 07/07/2008. Date circulated to the court: 07/08/2008 (PANEL-ACTIVE JUDGES-ANY INTERESTED SENIOR JUDGES) (TB) |
| Filing 52 Filed appearance notice of Attorney(s) Henry Charles Whitaker for appellees. Served on 07/07/2008. (TB) |
| Filing 51 Received notice of change of address dated 06/16/2008 from Aaron H. Caplan, Esq. Current new address: LOYOLA LAW SCHOOL LOS ANGELES, 919 Albany Street, Los Angeles, CA 90015. (RY) |
| Filing 50 Filed appearance notice of Attorney(s) Sarah A. Dunne for party(s) Appellant Margaret Witt, in case 06-35644.. Served on 06/16/2008. (CW) |
Filing 49
FILED OPINION (WILLIAM C. CANBY, SUSAN P. GRABER and RONALD M. GOULD) VACATED; REMANDED; AFFIRMED. The parties shall bear their own costs on appeal. [Affirmed in Part and Reversed/Vacated in Part;Terminated on the merits after oral hearing;Written, reasoned, signed, published; Judge: WCC Concurring & Dissenting, Judge: RMG Authoring]. FILED AND ENTERED JUDGMENT. (RP)
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| Filing 47 ARGUED AND SUBMITTED TO William C. CANBY, Susan P. GRABER, Ronald M. GOULD. [06-35644] (SB) |
| Filing 44 Filed for Aples Dept of Air Force, Donald H. Rumsfeld, Michael W. Wynne, Mary L. Walker additional citations, served on 10/26/07. (FAX TO PANEL) [06-35644] (JE) |
| Filing 43 Filed order (Deputy Clerk: pi) C-Span applied to videotape for alter boradcast the case captioned above, scheduled to be heard in Seattle, Washington, on Mondya, November 5, 2007. The panel has boted to grant the application with the condition that, C-Span be limited to one (1) stationalry camera. C-Span's request to videotape is GRANTED. (Faxed to Media and Csl) [06-35644] (PA) |
| Filing 41 Filed order ( William C. CANBY, Susan P. GRABER, Ronald M. GOULD): Appellees' Consented Motion to Supplement the Record is GRANTED. (Phoned Counsel at 11:15 a.m.) [40] [06-35644] (JE) |
| Filing 45 Filed notice of appearnace of Jonathan F. Cohn as csl for aples. [06-35644] (BJB) |
| Filing 40 Filed Dept of Air Force, Donald H. Rumsfeld, Michael W. Wynne, Mary L. Walker motion to supplement record on appeal served on 10/23/07 (PANEL) [6326501] (BJB) |
| Filing 39 Filed order (Deputy Clerk: hh) In addition to the issues and authorities discussed in the briefing, the parties shall be prepared to discuss at oral arg 1) administrative exhaustion, including the significance, if any, of Wallace v. Chappell, 661 F.2d 729, 732-34 & n.4 (9th Cir. 1981) and related cases; 2) ripeness and/or mootness concerns, if any. FAXED TO CSL 2:30 [06-35644] (CW) |
| Filing 38 Filed Margaret Witt additional citations, served on 9/26/07 FAXED TO PANEL [06-35644] (CW) |
| Filing 37 Filed order (Deputy Clerk: jf) Aplts unopposed mtn to expand the record is granted. [06-35644] (CW) |
| Filing 35 CALENDARED: SEA Mon Nov 5, 2007 9:30 a.m. Courtroom @ Park Place 21st Flr [06-35644] (XX) |
| Filing 34 Calendar materials being prepared. [06-35644] [06-35644] (XX) |
| Filing 33 Calendar check performed [06-35644] (RG) |
| Filing 32 Filed original and 15 copies Margaret Witt reply brief, ( Informal: no ) 30 pages; served on 1/26/07 [06-35644] (CW) |
| Filing 31 Filed original and 15 copies National Legal Found's brief of 19 pages ;served on 1/10/07 [06-35644] (CW) |
| Filing 26 Filed original and 15 copies aples Dept of Air Force, Donald H. Rumsfeld, Michael W. Wynne, Mary L. Walker's 65 pages brief, ; served on 12/29/06 [06-35644] (CW) |
| Filing 25 Filed order (Deputy Clerk: tah) The appellee's motion for a second extension of time to file the answering brief is granted. The answering brief is due 12/29/06. The appellant's motion for extension of time to file the reply brief is granted. The reply brief is due 1/29/07. (PROMO) [06-35644] (LC) |
| Filing 23 Filed Dept of Air Force, Donald H. Rumsfeld, Michael W. Wynne, Mary L. Walker motion to extend time to file appellee's brief until 12/29/06 [06-35644] served on 12/7/06 PROMO (CW) |
| Filing 22 Filed Appellant Margaret Witt's motion to extend time to file reply brief until 1/29/07 [06-35644] served on 12/5/06 PROMO [06-35644] (CW) |
| Filing 20 Filed order (Deputy Clerk: tah) granting appellee's motion to extend time to file appellee's brief [19] appellees' brief due 12/15/06 and the opt rpy br is due 14 days from svc of the ans br. [06-35644] (CW) |
| Filing 19 Filed Dept of Air Force, Donald H. Rumsfeld, Michael W. Wynne, Mary L. Walker motion to extend time to file appellee's brief until 12/15/06 [06-35644] served on 11/7/06 PROMO (CW) |
| Filing 18 Filed original and 15 copies Lambda Legal Defense's brief of 28 pages ;served on 10/25/06 RECORDS [06-35644] (CW) |
| Filing 17 Filed original and 15 copies Servicemembers Legal's brief of 30 pages ;served on 10/25/06 RECORDS [06-35644] (CW) |
| Filing 16 Filed certificate of record on appeal RT filed in DC 10/23/06 [06-35644] (KM) |
| Filing 15 Filed original and 15 copies Int'l Comm of Jurist, Center for Constitio's brief of 18 pages ;served on 10/23/06 RECORDS FOR MERITS PANEL [06-35644] (CW) |
| Filing 14 Filed order (Deputy Clerk: tah PROMO) Aplt's mtn to expand the record on appl is construed as a request for judicial notice and is referred for disp to the panel that considers the merits of the case. Any future related filings and any future such requests shall also be referred to the panel. [06-35644] (GR) |
| Filing 12 Filed original and 15 copies Appellant Margaret Witt opening brief ( Informal: no) 61 pages and five excerpts of record in 3 1vol; served on 10/13/06 [06-35644] (CW) |
| Filing 10 Filed Appellant Margaret Witt's motion to expand the record [06-35644] served on 10/9/06 PROMO [06-35644] (CW) |
| Filing 9 Received Appellant Margaret Witt's brief in 15 copies 61 pages ( Informal: no) deficient late, due 10/2: notified counsel. Excerpts of record in 3 volumes. Served on 10/13/06 [06-35644] (CW) |
| Filing 11 14 day oral extension by phone of time to file Aplt's brief. [06-35644] Aplt's brief due 10/16/06; aple's brief due 11/15/06; optional reply brief shall be filed w/in 14 days of service of the aple's brief. (SB) |
| Filing 8 Filed order MOATT (CAJ) 's unopposed mtn to strike the br sched is granted. The ct's 8/8/06 order is vacated as entered in error. This is not a preliminary injunction appl. Because the dc entered final judgment, 9th Cir Rule 3-3 does not apply. This appl shall proceed in the usual course. The op br and excerpts are due 10/2/06; the ans br is due 11/1/06, and the opt reply br is due 14 days from service... MOATT Faxed to parties [06-35644] (GR) |
| Filing 6 Filed notice of appearance of Lowell V. Sturgill, Anthony J. Steinmeyer for aples. [06-35644] (CW) |
| Filing 5 Filed aplts unopposed mtn to strike erroneous briefing schedule and to set schedule for appeal of final jgmt. served on 8/14/06 MOATT [06-35644] (CW) |
| Filing 4 Filed order MOATT (CAJ) The appeal filed 7/31/06 is a p/i appeal. CR 3-3 shall apply. If they have not already done so, within 7 calendar days of the filing date of this order, the parties shall make arrangements to obtain from the ct rptr an official RT of proceedings in the DC that will be included in the ROA..The opn br is due not later than 8/28/06, the ans br is due 9/25/06 or 28 days after svc of the opn br, whichever is earlier and the opt rpy br is due 14 days from svc of the ans br. If aplt fails to timely file the opn br, this appeal will be dism automatically by the clk for failure to prosecute... [06-35644] (CW) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Refer to MOATT pursuant to FRAP 3-3. [06-35644] (SB) |
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