Millender, et al v. County of L.A., et al
| JACK RITENOUR, (164927), IAN STADE, (279464), SCOTT WALKER, (188188), RICHARD SCHLEGEL, (280735), e/s/a M. SCHLEGEL, RICK RECTOR, (280600), LEROY D. BACA, DAVID O'SULLIVAN, (293952), JACK DEMELLO, (223333), e/s/a J. DERNELLO, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, DONALD NICHIPORUK, (213625) and BRICE STELLA, (402018), e/s/a D. STELLA |
| COUNTY OF LOS ANGELES, ROBERT J. LAWRENCE, (292848) and CURT MESSERSCHMIDT, (283271) |
| THE CALIFORNIA RIFLE & PISTOL ASSOCIATION and THE NATIONAL RIFLE ASSOCIATION OF AMERICA |
| WILLIAM JOHNSON, AUGUSTA MILLENDER and BRENDA MILLENDER |
| 07-55518 |
| April 25, 2007 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 71
Order filed (ALEX KOZINSKI, PAMELA ANN RYMER, BARRY G. SILVERMAN, SUSAN P. GRABER, RAYMOND C. FISHER, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, MILAN D. SMITH, JR. and SANDRA S. IKUTA) In light of the Supreme Courts decision in Messerschmidt v. Millender, 132 S.Ct. 1235 (2012), the district courts determination that officers Lawrence and Messerschmidt are not entitled to qualified immunity is REVERSED, and the case is remanded for further proceedings consistent with Messerschmidt. [] [8122891] (DD) [Entered: 03/30/2012 12:31 PM]
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| Filing 70 Received Supreme Court 02/22/2012 certified judgment. On Writ Of Certiorari to the United States Court Of Appeals for the Ninth Circuit. This Cause came on to be heard on the transcript of the record from the above court and was argued by counsel. On Consideration Whereof, it is ordered and adjudged by this Court that the judgment of the above court is reversed with costs. It Is Further Ordered that the petitioners Curt Messerschmidt, et al. recover from Brenda Millender, as Executor of the Estate of Augusta Millender, Deceased, et al. Thirteen Thousand Four Hundred Twenty-two Dollars and Seventy Cents ($13,422.70) for costs herein expended. Supreme Court case number: 10-704. [8117854] (RR) [Entered: 03/27/2012 09:35 AM] |
| Filing 69 Received copy of Supreme Court opinion dated 02/22/2012. The judgment or mandate of this Court will not issue for at least 25-days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending this Court's action on the petition for rehearing. [8094698] (RR) [Entered: 03/07/2012 03:35 PM] |
| Filing 68 Received notice from the Supreme Court. Petition for certiorari GRANTED on 06/27/2011. Supreme Court Number 10-704. [7798305] (RR) [Entered: 06/27/2011 11:42 AM] |
| Filing 67 Received letter from the Supreme Court dated 05/12/2011 regarding Pursuant to Rule 12.7 of the Rules of the Supreme Court of the United States, you are requested to certify and transmit immediately the entire record to this office. (Note: Record was transmitted on 5/12/11) [7759420] (RR) [Entered: 05/20/2011 11:22 AM] |
| Filing 66 Transmitted to the U.S. Supreme Court: 1 volume(s) of 9th Circuit U.S. Court of Appeals record proceedings; district court will forward the record directly to the Supreme Court . U.S. Supreme Court Case Number: 10-704. Tracking Information: FedEx 9436 0718 9565. [7750647] (AL) [Entered: 05/12/2011 03:09 PM] |
| Filing 65 Received notice from the Supreme Court: petition for certiorari filed on 11/22/2010 and placed on the docket 11/30/10. Supreme Court Number 10-704. [7563194] (RR) [Entered: 12/01/2010 11:53 AM] |
| Filing 64 MANDATE ISSUED.(AK, PAR, BGS, SPG, RCF, RCT, JBR, JSB, CMC, MDS and SSI) Cost awarded to APPELLEES in the amount of $144.00. [7474809] (RR) [Entered: 09/15/2010 11:06 AM] |
| Filing 63 Filed (ECF) Appellees William Johnson, Augusta Millender and Brenda Millender bill of costs (Form 10) in the amount of $250.77 USD. Date of service: 08/27/2010 [7454785]--[COURT UPDATE: Attached corrected Statement in Support and Proof of Service. Resent notice. 08/27/2010 by RY] (RM) [Entered: 08/27/2010 10:50 AM] |
| Filing 62 Filed (ECF) Appellees William Johnson, Augusta Millender and Brenda Millender Correspondence: Correction to 9th Circuit Opinion attorney listing for publication issued 8/24/10. Date of service: 08/24/2010 [7450046] (RM) [Entered: 08/24/2010 12:39 PM] |
| Filing 61 FILED OPINION (ALEX KOZINSKI, PAMELA ANN RYMER, BARRY G. SILVERMAN, SUSAN P. GRABER, RAYMOND C. FISHER, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, MILAN D. SMITH, JR. and SANDRA S. IKUTA) AFFIRMED. Judge: BGS Dissenting, Judge: CMC Dissenting, Judge: SSI Authoring. FILED AND ENTERED JUDGMENT. [7449623] (RP) [Entered: 08/24/2010 10:15 AM] |
| Filing 60 ARGUED AND SUBMITTED TO ALEX KOZINSKI, PAMELA ANN RYMER, BARRY G. SILVERMAN, SUSAN P. GRABER, RAYMOND C. FISHER, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, MILAN D. SMITH, JR. and SANDRA S. IKUTA. [7163354] (GB) [Entered: 12/14/2009 12:45 PM] |
| Filing 59 Filed clerk order (Deputy Clerk:PA):Courtroom View Network applied to video-record in digital format the case captioned above, scheduled to be heard in San Francisco, California, on Monday, December 14, 2009. The majority of the judges on the en banc panel have voted to deny the application. Courtroom View Network's request to video-record is DENIED. [7146370] (PA) [Entered: 11/30/2009 03:19 PM] |
| Filing 58 Notice of Oral Argument on DECEMBER 14, 2009 Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7130321] (AM) [Entered: 11/13/2009 03:37 PM] |
| Filing 57 UPDATED CASE CALENDARED: 12/14/2009 9:30 AM San Francisco, CA Courtroom 1 [7130138] (AM) [Entered: 11/13/2009 02:56 PM] |
| Filing 56 Filed order (ALEX KOZINSKI): Oral argument in this en banc case will be held at 9:30 a.m. on Monday, December 14, 2009, in Courtroom One of the James R. Browning Courthouse, located at 95 Seventh Street in San Francisco, California 94103. http://www.ca9.uscourts.gov/information/locations.php [7130002] (AF) [Entered: 11/13/2009 02:14 PM] |
| Filing 55 Received 30 copies of notice of errata by Amici Curiae The California Rifle & Pistol Association and The National Rifle Association of America, electronically submitted on 10/23/09. (RR) [Entered: 11/05/2009 03:09 PM] |
| Filing 54 Received 30 copies of Amici Curaie Brief by The California Rifle & Pistol Association and The National Rifle Association of America which was electronically submitted on 10/23/09. (RR) [Entered: 11/05/2009 02:57 PM] |
| Filing 53 Filed clerk order: The National Rifle Association of America and California Rifle Pistol Association amicus brief [ # 48 ]. Within 7 days of the filing of this order, filer is ordered to file 30 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. The filer is also ordered to file 30 copies of the notice of errata to the amicus brief in paper format. [7113913] (RR) [Entered: 10/30/2009 11:26 AM] |
| Filing 52 Mail returned on 10/29/2009 addressed to Stephen P. Halbrook, Esquire for The National Rifle Association of America and The California Rifle & Pistol Association, re: order filed 10/26/09. Resending to: 3925 Chain Bridge Rd., Ste. 403, Fairfax, VA 22030-3940. [7112410] (EL) [Entered: 10/29/2009 11:53 AM] |
| Filing 51 Filed order (ALEX KOZINSKI): The National Rifle Association and California Rifle Pistol Associations motion to file an amicus brief is granted. [7107367] (AF) [Entered: 10/26/2009 10:27 AM] |
| Filing 50 Entered appearance of Amicus Curiaes The National Rifle Association of America and The California Rifle & Pistol Association. [7107358] (AF) [Entered: 10/26/2009 10:25 AM] |
| Filing 49 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Notice of Errata. Date of service: 10/23/2009. [7106450] (CDM) [Entered: 10/23/2009 02:39 PM] |
| Filing 48 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The National Rifle Association of America and The California Rifle & Pistol Association. Date of service: 10/22/2009. [7104488]--[COURT UPDATE: Attached motion from deleted entry [47]. 10/22/2009 by MA] (CDM) [Entered: 10/22/2009 01:44 PM] |
| Filing 47 COURT DELETED ENTRY (attached motion to [ # 48 ]. Original text: Filed (ECF) Motion for Leave to File Amicus Brief on Behalf of National Rifle Association and California Rifle & Pistol Association In Support of Appellants Motion to become amicus c (CDM) [Entered: 10/22/2009 01:40 PM] |
| Filing 46 Received 30 additional copies of Appellants' (County of Los Angeles, Robert J. Lawrence and Curt Messerschmidt) reply brief of 21 pages. Originally filed on 02/22/08. (FED TO EN BANC PANEL) (RR) [Entered: 10/08/2009 03:54 PM] |
| Filing 45 Received 30 additional copies of Appellees' (Augusta Millender, Brenda Millender and William Johnson) answering brief of 30 pages. Originally filed on 01/23/08. (FED TO EN BANC PANEL) (RR) [Entered: 10/08/2009 03:44 PM] |
| Filing 44 Received 30 additional copies of Appellants' (County of Los Angeles, Robert J. Lawrence and Curt Messerschmidt) opening brief of 49 pages, and 30 additional copies of excerpts of record in 7 Volumes. Originally filed on 11/07/07. (FED TO EN BANC PANEL) (RR) [Entered: 10/08/2009 03:35 PM] |
| Filing 43 CALENDARED: week of 12/14/2009 San Francisco, CA Courtroom 1 - exact date & time to be determined [7082956] (AW) [Entered: 10/02/2009 12:42 PM] |
| Filing 42 Filed order (ALEX KOZINSKI): En banc oral argument will take place during the week of December 14, 2009, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court thirty additional paper copies of the original briefs and excerpts of record. [7082684] (AF) [Entered: 10/02/2009 10:49 AM] |
| Filing 41 Filed Order for PUBLICATION ( KOZINSKI, Chief Judge) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judge Pregerson did not participate in the deliberations or vote in this case.[7082182] (RP) [Entered: 10/02/2009 06:09 AM] |
| Filing 40 Filed (ECF) Appellants County of Los Angeles, Robert J. Lawrence and Curt Messerschmidt response to Combo PFR Panel and En Banc (ECF Filing) , for panel and en banc rehearing (statistical entry),Combo PFR Panel and En Banc (ECF Filing) for panel and en banc rehearing, Order , Order to set response by any party to anything. Date of service: 07/14/2009. [6991137].--[COURT replaced document with searchable version --07/15/2009 by MA] (EPR) [Entered: 07/14/2009 12:18 PM] |
| Filing 39 Filed order (FERDINAND F. FERNANDEZ, CONSUELO M. CALLAHAN and SANDRA S. IKUTA): Appellants application for an extension of time through July 14, 2009 in which to file their response to the petition for rehearing is GRANTED. [6976334] (AF) [Entered: 07/01/2009 10:06 AM] |
| Filing 38 Added attorney Julie Fleming for Robert J. Lawrence, Curt Messerschmidt, County of Los Angeles, in case 07-55518. [6972582] (RR) [Entered: 06/29/2009 12:36 PM] |
| Filing 37 Filed (ECF) Appellants County of Los Angeles, Robert J. Lawrence and Curt Messerschmidt Unopposed Motion to extend time to file a response until 07/14/2009 at 06:00 pm. Date of service: 06/29/2009. [6972521]--[COURT replaced document with searchable version and attached amended certificate of service --06/29/2009 by MA] (EPR) [Entered: 06/29/2009 12:08 PM] |
| Filing 36 Filed (ECF) notice of appearance of Julie Fleming for Appellants County of Los Angeles, Robert J. Lawrence and Curt Messerschmidt. Date of service: 06/29/2009. [6972489]--[COURT attached amended certificate of service --06/29/2009 by MA] (EPR) [Entered: 06/29/2009 11:57 AM] |
| Filing 35 Filed order (FERDINAND F. FERNANDEZ, CONSUELO M. CALLAHAN and SANDRA S. IKUTA): Appellants are hereby directed to file a response to Appellees Petitions for Rehearing and Suggestion for Rehearing En Banc filed with this court on May 27, 2009. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. [6957462] (AF) [Entered: 06/16/2009 09:27 AM] |
| Filing 34 Filed (ECF) Supplemental authority in support of petition for panel rehearing and rehearing en banc. Submitted by Appellees William Johnson, Augusta Millender and Brenda Millender. Date of service: 05/29/2009. [6938847] [Court corrected docket text to reflect filing - 6/2/09 by SS] (RM) [Entered: 05/29/2009 07:27 PM] |
| Filing 33 Filed (ECF) Appellees William Johnson, Augusta Millender and Brenda Millender petition for panel rehearing and petition for rehearing en banc (from 05/06/2009 opinion). Date of service: 05/27/2009. [6934966] (RM) [Entered: 05/27/2009 10:55 PM] |
| Filing 32 Filed clerk order (Deputy Clerk:RR ) Appellees William Johnson, Augusta Millender and Brenda Millender unopposed motion for an extension of time in which to file a petition for rehearing and/or rehearing en banc is GRANTED. The petition is now due on or before May 27,2009. (RR) [Entered: 05/13/2009 04:43 PM] |
| Filing 31 Filed (ECF) Appellees William Johnson, Augusta Millender and Brenda Millender Unopposed Motion to extend time to file petition for rehearing until 05/27/2009. Date of service: 05/13/2009. [6919167] (RM) [Entered: 05/13/2009 10:38 AM] |
| Filing 30 FILED OPINION (FERDINAND F. FERNANDEZ, CONSUELO M. CALLAHAN and SANDRA S. IKUTA) VACATED; REMANDED. Judge: FFF Concurring, Judge: CMC Authoring, Judge: SSI Dissenting. FILED AND ENTERED JUDGMENT. (RP) [Entered: 05/06/2009 07:10 AM] |
| Filing 29 Added attorney Olu Orange for William Johnson Augusta Millender Brenda Millender, in case 07-55518. (LN) [Entered: 10/21/2008 02:49 PM] |
| Filing 28 ARGUED AND SUBMITTED TO FERDINAND F. FERNANDEZ, CONSUELO M. CALLAHAN and SANDRA S. IKUTA. (LN) [Entered: 10/21/2008 02:39 PM] |
| Filing 27 Notice of Oral Argument on OCTOBER Calendar. Please return ACKNOWLEDGEMENT OF HEARING NOTICE form to: PASADENA Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. (LN) [Entered: 09/05/2008 10:58 AM] |
| Filing 26 CALENDARED: 10/21/2008 9:00 AM Pasadena, CA Courtroom 3 (AM) [Entered: 08/20/2008 09:20 AM] |
| Filing 25 Calendar materials being prepared. (AM) [Entered: 08/12/2008 10:51 AM] |
| Filing 24 Calendar check performed. (AW) [Entered: 06/25/2008 12:36 PM] |
| Filing 23 Received attorney Eugene P. Ramirez for appellants letter dated 2/22/08 re: 14 day telephonic extension of time to file reply brief. (CASEFILE) [07-55518] (RT) [Entered: 02/25/2008 07:49 PM] |
| Filing 22 Filed original and 15 copies appellants' reply brief, (Informal: No ) 21 pages; served on 2/21/08 [07-55518] (RT) [Entered: 02/25/2008 10:19 AM] |
| Filing 21 14 day oral extension by phone of time to file Appellant's reply brief. [07-55518] appellants' reply brief due 2/22/08,, ; (DR) [Entered: 01/30/2008 09:29 AM] |
| Filing 19 Filed original and 15 copies appellees Augusta Millender, Brenda Millender, William Johnson's 30 pages brief; served on 1/22/08 [07-55518] (RT) [Entered: 01/27/2008 02:10 PM] |
| Filing 18 Filed order PROMO: (Deputy Clerk: lkk) granting appellee's motion to extend time to file appellee's brief [16] appellees' brief due 1/22/08. [07-55518] (GV) [Entered: 12/04/2007 03:05 PM] |
| Filing 16 Filed Augusta Millender, Brenda Millender, William Johnson motion to extend time to file appellee's brief until January 21, 2008; served on 11/27/07 (to PROMO) (RT) [Entered: 11/30/2007 06:33 PM] |
| Filing 15 Received Aplts' Excerpts of Record Vol. 8 in support of mtn to file Vol. 8 of Excerpts of Record containing 10/22/05 videotaped interview by Def. Messerschmidt of victim Shelley Kelly; served on 11/6/07 (SHELF) (GV) [Entered: 11/13/2007 05:06 PM] |
| Filing 14 Filed original & 15 copies Aplts' opening brief (Informal: n) 49 pages & 5 Excs in 7 Vols.; served on 11/6/07 [07-55518] (GV) [Entered: 11/08/2007 10:58 AM] |
| Filing 13 Filed order (Deputy Clerk/PROMO: lkk) Appellant's motion for a second extension of time to file the opening brief is granted. The opening brief is due November 7, 2007. The answering brief is due December 6, 2007. The optional reply brief is due 14 days after service of answering brief. [07-55518] (RT) [Entered: 10/22/2007 08:23 AM] |
| Filing 11 Filed Appellant County of L.A., Appellant Robert J. Lawrence, Appellant Curt Messerschmidt's motion to extend time to file appellant's opening brief until November 7, 2007; served on 10/12/07 (to PROMO) [07-55518] (RT) [Entered: 10/17/2007 09:44 AM] |
| Filing 9 Filed order (Deputy Clerk/PROMO: lkk) Appellants' motion for an extension of time to file the opening brief is granted. The opening brief is due October 24, 2007; the answering brief is due November 23, 2007. The optional reply brief is due 14 days after service of the answering brief. [07-55518] (RT) [Entered: 09/18/2007 11:02 AM] |
| Filing 7 Filed Appellants' mtn for an ext of tm until 10/24/07 to file the opn br [07-55518] [07-55518] served on 9/10/07 [PROMO] [07-55518] (MF) [Entered: 09/12/2007 10:54 AM] |
| Filing 6 Filed order CONFATT (rga) The court has determined that this appeal will not be selected for inclusion in the Mediation Program. [07-55518] (HC) [Entered: 06/07/2007 09:41 AM] |
| Filing 5 Filed order CONFATT (VLS) This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Roxane G. Ashe,Circuit Mediator, in writing, by fax at (415) 355-8566, of thier clients views on whether the case is appropriate for settlement dicussions or mediation; the cour can accomodate ongoing settlement discussions or otherwise facilitate settlement of their dispute; and/ or the court should schedule a telephonic conference to discuss the settlement. This communicate will be kept confidential, if requested, from the other partiesin the case. This communicate shall not be served on opposing party and shall not be filed with the court. The existing briefing schedule remain in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. schedule [07-55518] (LC) [Entered: 05/17/2007 09:53 AM] |
| Filing 4 Received Appellants County of L.A., Robert J. Lawrence, Curt Messerschmidt designation notice of of reporter's transcript. (hearing 2/28/07). (CASEFILE) [07-55518] (RT) [Entered: 05/07/2007 10:49 AM] |
| Filing 3 Filed Eugene P. Ramirez for appellants' Civil Appeals Docketing Statement served on 4/27/07 (to CONFATT) [07-55518] [07-55518] (RT) [Entered: 05/02/2007 04:20 PM] |
| Filing 2 Filed appellants' representation statement by Eugene P. Ramirez, counsel for appellants. "ORIGINAL" attached to NOA. [07-55518] (PG) [Entered: 04/25/2007 10:44 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): Y. Setting schedule as follows: CADS is past due; CADS must be filed no later than 5/2/07; appellant's designation of RT is due 4/20/07,, ; appellee's designation of RT is due 4/30/07,, ; appellant shall order transcript by 5/10/07,, ; court reporter shall file transcript in DC by 8/8/07; certificate of record shall be filed by 8/15/07 ; appellant's opening brief is due 9/24/07,, ; appellees' brief is due 10/24/07,, ; appellants' reply brief is due 11/7/07,, ; [07-55518] (PG) [Entered: 04/25/2007 10:43 AM] |
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