Kristin Perry, et al v. Dennis Hollingsworth, et al
| ARNOLD SCHWARZENEGGER, EDMUND G. BROWN, Jr., MARK B. HORTON, LINETTE SCOTT, PATRICK O'CONNELL and DEAN C. LOGAN |
| KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI and JEFFREY J. ZARRILLO |
| CITY AND COUNTY OF SAN FRANCISCO, OUR FAMILY COALITION, LAVENDER SENIORS OF THE EAST BAY, PARENTS, FAMILIES, AND FRIENDS OF LESBIANS AND GAYS, DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAK-SHING WILLIAM TAM, MARK A. JANSSON and PROTECTMARRIAGE.COM - YES ON 8, A PROJECT OF CALIFORNIA RENEWAL |
| AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA |
| 09-17551 |
| November 16, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 30 MANDATE ISSUED.(KMW, RCF and MSB) [7193238] [09-17241, 09-17551] (TB) [Entered: 01/13/2010 10:36 AM] |
| Filing 29 Filed amended opinion with appendix. (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) [7181170] [09-17241, 09-17551] (RMM) [Entered: 01/04/2010 11:39 AM] |
| Filing 28 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON)The opinion filed December 11, 2009 is amended, and the amended opinion is filed concurrently with this Order. The panel has voted to deny the petition for rehearing and rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35. Appellees petition for rehearing and rehearing en banc, filed December 24, 2009, is DENIED. No further petitions for rehearing will be permitted. IT IS SO ORDERED. [7181143] [09-17241, 09-17551] (RMM) [Entered: 01/04/2010 11:33 AM] |
| Filing 27 Filed order (SIDNEY R. THOMAS) A judge of this court called for this case to be reheard en banc. A vote was taken, and a majority of the nonrecused active judges of the court did not vote in favor of en banc consideration. The call for rehearing en banc is DENIED. The case is returned to the three-judge panel. [7179397] [09-17241, 09-17551] (WL) [Entered: 12/30/2009 01:23 PM] |
| Filing 26 Filed order MEDIATION (LJE): The court has determined that Appeal No. 09-17551 will not be selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while 09-17551 is pending. [7177453] [09-17551, 09-17241] (WL) [Entered: 12/29/2009 10:58 AM] |
| Filing 25 Filed (ECF) Appellees Paul T. Katami, Kristin M. Perry, Sandra B. Stier and Jeffrey J. Zarrillo in 09-17241 petition for panel rehearing and petition for rehearing en banc (from 12/11/2009 opinion). Date of service: 12/24/2009. [7175570] [09-17241, 09-17551] (Olson, Theodore) [Entered: 12/24/2009 03:55 PM] |
| Filing 24 Filed Order for PUBLICATION (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) A judge of this court has called for a vote to determine whether this case will be reheard en banc under Federal Rule of Appellate Procedure 35(a). The parties are requested to file simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc, including whether rehearing en banc is warranted in light of Mohawk Industries, Inc. v. Carpenter, 558 U.S. , No. 08-678 (Dec. 8, 2009). The briefs shall be filed on or before December 24, 2009. Parties who are registered for ECF must file the brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original brief plus 50 paper copies. IT IS SO ORDERED.[7166944] [09-17241, 09-17551] (RMM) [Entered: 12/16/2009 05:26 PM] |
| Filing 23 FILED OPINION (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) REVERSED AND REMANDED. Each party shall bear its own costs on appeal. Judge: RCF Authoring. FILED AND ENTERED JUDGMENT. [7161560] [09-17241, 09-17551] (RMM) [Entered: 12/11/2009 02:23 PM] |
| Filing 22 Filed (ECF) Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam in 09-17241 citation of supplemental authorities. Date of service: 12/09/2009. [7156731] [09-17241, 09-17551] (Cooper, Charles) [Entered: 12/09/2009 09:48 AM] |
| Filing 21 Filed (ECF) Appellees Paul T. Katami, Kristin M. Perry, Sandra B. Stier and Jeffrey J. Zarrillo in 09-17241 citation of supplemental authorities. Date of service: 12/08/2009. [7155078] [09-17241, 09-17551] (Boutrous, Theodore) [Entered: 12/08/2009 09:56 AM] |
| Filing 19 Filed clerk order: The Amicus Curiae letter brief [ # 12 ] submitted by Schubert Flint Public Affairs, inc, Frank Schubert and Jeff Flint in 09-17241 is filed. No paper copies of this brief are required. [7151066] [09-17241, 09-17551] (FT) [Entered: 12/03/2009 04:16 PM] |
| Filing 18 Filed clerk order: The Amicus Curiae letter brief [ # 11 ] submitted by Amercan Civil Liberties Union of Northern California in 09-17551 is filed. No paper copies of this brief are required. [7151016] [7151016] [09-17241, 09-17551] (FT) [Entered: 12/03/2009 03:59 PM] |
| Filing 17 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Appellants motion for leave to file an oversized reply is granted. Appellants November 23, 2009 reply has been filed. We conclude that appellants have made a strong showing that they are likely to succeed on the merits and that they will be irreparably injured absent a stay. See Nken v. Holder, 129 S. Ct. 1749, 1761 (2009) (citing Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). Moreover, the issuance of a stay will not substantially injure appellees and the public interest weighs in favor of a stay. See id. Therefore, the stay issued on November 20, 2009 shall continue in effect. The briefing schedule established on November 16, 2009 is vacated. We expect to decide the appeals promptly without further briefing. IT IS SO ORDERED. [7150668] [09-17241, 09-17551] (DAF) [Entered: 12/03/2009 02:40 PM] |
| Filing 16 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) The request of Advocates for Faith and Freedom (Advocates) for leave to submit an amicus curiae letter is granted. The Clerk shall file Advocates letter submitted on November 30, 2009. [7148093] [09-17241, 09-17551] (DAF) [Entered: 12/02/2009 09:20 AM] |
| Filing 15 ARGUED AND SUBMITTED TO MOTIONS PANEL: KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON. [7147290] [09-17241, 09-17551] (DR) [Entered: 12/01/2009 01:18 PM] |
| Filing 14 Filed (ECF) Appellees Paul T. Katami, Kristin M. Perry, Sandra B. Stier and Jeffrey J. Zarrillo in 09-17241 citation of supplemental authorities. Date of service: 12/01/2009. [7146776] [09-17241, 09-17551] (Boutrous, Theodore) [Entered: 12/01/2009 09:29 AM] |
| Filing 13 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) The request of the American Civil Liberties Union of Northern California (ACLU-NC) for leave to submit an amicus curiae letter is granted. The Clerk shall file the ACLU-NCs letter submitted on November 27, 2009 and shall accept appellees response submitted on November 30, 2009. [7146726] [09-17241, 09-17551] (DAF) [Entered: 12/01/2009 08:58 AM] |
| Filing 12 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Schubert Flint Public Affairs, Inc., Frank Schubert and Jeff Flint. Date of service: 11/30/2009. [7146405] [09-17241, 09-17551] (Tyler, Robert) [Entered: 11/30/2009 03:32 PM] |
| Filing 11 Submitted (ECF) Amicus letter brief for review and filed Motion to become amicus curiae. Submitted by American Civil Liberties Union of Northern California. Date of service: 11/27/2009. [7144943] [09-17241, 09-17551]--[COURT UPDATE: Changed Amicus brief to Amicus letter brief. 12/01/2009 by ASW] (Bomse, Stephen) [Entered: 11/27/2009 02:30 PM] |
| Filing 20 Filed UNDER SEAL Appellants/Petitioners Notice of Submission of Documents Under Seal. Served on 11/24/2009 [7151157] [09-17241, 09-17551] (SYS) [Entered: 12/03/2009 04:49 PM] |
| Filing 7 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Upon review of the record and the moving papers, we have determined that oral argument is necessary to fully consider the range of issues presented by the pending emergency stay motion. Oral argument shall be held on Tuesday, December 1, 2009 at 11:00 a.m. at The Richard H. Chambers Courthouse in Pasadena, California. Each side will have twenty minutes to present its arguments. The parties shall be prepared to address the question of jurisdiction under the collateral order doctrine, the merits of the First Amendment privilege issue, and whether a temporary stay pending a resolution of the merits should be granted under Nken v. Holder, 129 S. Ct. 1749, 1760-61 (2009). In addition, the parties shall be prepared to address the propriety of the issuance of a writ of mandate. The stay issued on November 20, 2009 remains in effect. Appellants are relieved of the November 30, 2009 deadline for producing discovery. The parties, however, must comply with Magistrate Judge Speros remaining orders, including that they meet and confer to determine the terms of an appropriate protective order. On or before Friday, November 27, 2009, appellants shall submit under seal five copies of the twenty-one documents Chief Judge Walker deemed responsive in his November 11, 2009 order. Appellants shall submit the copies as follows: one copy to each Judges resident chambers, one copy to Judge Berzons visiting chambers in Pasadena, and one copy to the Clerk of Court. IT IS SO ORDERED. [7143028] [09-17241, 09-17551] (DAF) [Entered: 11/25/2009 10:12 AM] |
| Filing 8 Filed (ECF) Appellees Paul T. Katami, Kristin M. Perry, Sandra B. Stier and Jeffrey J. Zarrillo response to motion (Motion (ECF Filing) ,Motion (ECF Filing) motion to stay lower court action). Date of service: 11/23/2009. [7139901]--[COURT UPDATE: Added exhibits, spread entry to 09-17551, resent NDA, 11/25/2009 by AWM] (Olson, Theodore) [Entered: 11/23/2009 11:59 AM] |
| Filing 6 Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Appellants motion to consolidate these appeals is granted. Appeal numbers 09-17241 and 09-17551 are consolidated. Appellants motion for an extension of time to respond to the October 20, 2009 jurisdictional order to show cause in appeal number 09-17241 is granted. Appellants response, received on November 13, 2009, has been filed and shall be considered in both appeals. The briefing schedule established for appeal number 09-17551 is vacated. The court sua sponte grants a temporary stay of the district courts October 1 and November 11, 2009 orders pending consideration of the merits of appellants motion for stay. Appellees response to the motion for stay, not to exceed 35 pages, is due at 12:00 p.m. Pacific Time on November 23, 2009. Appellees response shall address the jurisdictional issue raised in this courts October 20, 2009 order to show cause. Appellants may file a reply by 5:00 p.m. Pacific Time on November 23, 2009. [7139093] [09-17241, 09-17551] (DAF) [Entered: 11/20/2009 05:58 PM] |
| Filing 5 Filed (ECF) Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam EMERGENCY Motion to stay lower court action. Date of service: 11/19/2007. [7137107] (Cooper, Charles) [Entered: 11/19/2009 03:09 PM] |
| Filing 4 Filed (ECF) Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam Motion to consolidate cases 09-17241, 09-17551. Date of service: 11/17/2009. [7133720] (Cooper, Charles) [Entered: 11/17/2009 03:28 PM] |
| Filing 3 Filed (ECF) Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam Motion to stay lower court action. Date of service: 11/17/2009. [7133699] (Cooper, Charles) [Entered: 11/17/2009 03:24 PM] |
| Filing 2 Filed Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam Civil Appeals Docketing Statement. Served on 11/12/2009. [7132222] (GR) [Entered: 11/16/2009 04:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Transcript due for Orig Clerk USDC, San Francisco on 01/12/2010. Certificate of record due 01/19/2010. Appellant Martin F. Gutierrez, Appellant Dennis Hollingsworth, Appellant Mark A. Jansson, Appellant Gail J. Knight, Appellant ProtectMarriage.com - Yes on 8, A Project of California Renewal and Appellant Hak-Shing William Tam opening brief due 03/01/2010. Appellee City and County of San Francisco, Appellee Paul T. Katami, Appellee Lavender Seniors of the East Bay, Appellee Our Family Coalition, Appellee Parents, Families, and Friends of Lesbians and Gays, Appellee Kristin M. Perry, Appellee Sandra B. Stier and Appellee Jeffrey J. Zarrillo answering brief due 03/30/2010. Appellant's optional reply brief is due 14 days after service of the answering brief. [7132218] (GR) [Entered: 11/16/2009 04:16 PM] |
| Filing 9 Filed (ECF) Appellants Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal and Hak-Shing William Tam Motion to stay lower court action. Date of service: 11/13/2009. [7129821]--[COURT UPDATE: Added exhibits, spread entry to 09-17551, resent NDA, 11/25/2009 by AWM] (Cooper, Charles) [Entered: 11/13/2009 12:59 PM] |
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