Paul Isaacson, et al v. Tom Horne, et al
| PAUL A. ISAACSON, M.D., WILLIAM CLEWELL, M.D. and HUGH MILLER, M.D. |
| TOM HORNE, Attorney General of Arizona, in his official capacity, WILLIAM (BILL) MONTOGOMERY, County Attorney for Maricopa County, in his official capacity, BARBARA LAWALL, County Attorney for Pima County, in her official capacity, ARIZONA MEDICAL BOARD and LISA WYNN, Executive Director of the Arizona Medical Board, in her official capacity |
| 12-16670 |
| July 30, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 74 Deleted Incorrect Entry [8388286] (GB) |
| Filing 73 Filed order (MARY M. SCHROEDER, ANDREW J. KLEINFELD and MARSHA S. BERZON) John M. D’Auria’s motion for leave to file a brief amicus curiae is denied. The motion was untimely, and the proposed arguments were already made in the briefing before the court. [8387637] (SM) |
| Filing 72 Filed order (MARY M. SCHROEDER, ANDREW J. KLEINFELD and MARSHA S. BERZON) Defendant-Appellee Montgomery’s motion to allocate time at oral argument is granted in part. Each side, Plaintiffs-Appellants and Defendants-Appellees, will have 25 minutes to present argument. Defendant-Appellee LaWall may take up to five (5) minutes of Plaintiffs-Appellants’ time, unless Plaintiffs-Appellants agree to more. It is so ordered. [8386215] (SM) |
| Filing 71 Filed (ECF) Appellee Barbara LaWall response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 11/01/2012. [8385184] (PJP) |
| Filing 70 Filed (ECF) Appellee William Gerard Montgomery EMERGENCY Motion for miscellaneous relief [Motion to Allocate Time At Oral Argument]. Date of service: 11/01/2012. [8384421] (DLI) |
| Filing 69 Filed clerk order: The amicus brief [38] submitted by Liberty Counsel is filed. On November 2 amicus 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. [8384280] (GV) |
| Filing 68 Filed (ECF) Errata to Answering Brief ([29] Brief Submitted for Review (ECF Filing) ). Filed by Appellee William Gerard Montgomery. Date of service: 10/31/2012. [8383501] (DLI) |
| Filing 67 Filed clerk order (Deputy Clerk: PA): C-Span applied to videotape for later broadcast, the case captioned above, scheduled to be heard in San Francisco, California, on Monday, November 5, 2012 at 9:30 a.m. C-Span’s request to videotape for later broadcast is DENIED. [8381658] (PA) |
| Filing 66 Filed (ECF) Errata to Answering Brief ([29] Brief Submitted for Review (ECF Filing) ). Filed by Appellee William Gerard Montgomery. Date of service: 10/30/2012. [8380874] (DLI) |
| Filing 65 Received 7 paper copies of Reply brief [63] filed by William Clewell, Paul A. Isaacson and Hugh Miller. (Sent to panel) [8375997] (SD) |
| Filing 64 Filed clerk order: The reply brief [63] submitted by William Clewell, Paul A. Isaacson and Hugh Miller is filed. Within 7 days of the filing of this order, appellants are 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. [8371036] (GV) |
| Filing 63 COURT ENTERED FILING. Submitted (ECF) Reply brief for review. Submitted by Appellant Paul A. Isaacson. Date of service: 10/19/2012. [8370065] (RY) |
| Filing 62 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Refiled using correct ECF event (brief). Correct Entry: [63]. Original Text: Filed (ECF) Appellant Paul A. Isaacson reply to response (). Date of service: 10/19/2012. [8370009] (JC) |
| Filing 61 Received 7 paper copies of Amicus brief [45] filed by Center for Arizona Policy, Inc. (Sent to panel) [8364775] (SD) |
| Filing 60 Received 7 paper copies of Amicus brief [37] filed by American Association of Pro-Life Obstetricians and Gynecologists, et al. (Sent to panel) [8362881] (SD) |
| Filing 59 Filed clerk order (Deputy Clerk: PA): Capitol Media Services/Arizona Public Radio applied to audio-record for later broadcast, the case captioned above, scheduled to be heard in San Francisco, California, on Monday, November 5, 2012 at 9:30 a.m. Capitol Media Services/Arizona Public Radio request to audio-record for later broadcast is DENIED. [8361210] (PA) |
| Filing 58 Received 7 paper copies of Amicus brief [52] filed by Andrew M. Tobin, Speaker of the Arizona House of Representatives and Steve Pierce, President of the Arizona Senate. (Sent to panel) [8359893] (SD) |
| Filing 57 Received 7 paper copies of Answering brief [32] filed by Barbara LaWall. (Sent to panel) [8358777] (SD) |
| Filing 56 Entered appearance of Amicus Curiae - Pending John Michael D'Auria. [8357818] (GV) |
| Filing 55 COURT-ENTERED FILING (on behalf of John D'Auria) Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by John D'Auria. Date of service: 10/12/2012. [8357736] (ASW) |
| Filing 54 Filed clerk order: The amicus brief [52] submitted by Andrew M. Tobin, Speaker of the Arizona House of Representatives and Steve Pierce, President of the Arizona Senate 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. [8356346] --[Edited 10/11/2012 by GV] [Updated to add Panel] (GV) |
| Filing 53 Entered appearance of Amici Curiae Andrew M. Tobin, Speaker of the Arizona House of Representatives and Steve Pierce, President of the Arizona Senate. [8356340] (GV) |
| Filing 52 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Andrew M. Tobin, Speaker of the Arizona House of Representatives; Steve Pierce, President of the Arizona State Senate. Date of service: 10/11/2012. [8356280] (PAG) |
| Filing 51 Filed clerk order: The amicus brief [49] submitted by Doctors of Fetal Pain is filed. Within 7 days of the filing of this order, amicus 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. [8356114] (GV) |
| Filing 50 Entered appearance of Amicus Curiae Doctors of Fetal Pain. [8356106] (GV) |
| Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Doctors on Fetal Pain. Date of service: 10/10/2012. [8355336] (MCM) |
| Filing 48 Filed clerk order (Deputy Clerk: SM): Appellants’ motion for a two-day extension of time to file their reply brief is GRANTED. The reply brief shall be filed no later than October 19, 2012. No further extensions of time for the reply brief will be granted. [8355003] (SM) |
| Filing 47 Filed clerk order: The amicus brief [45] submitted by Center for Arizona Policy, Inc is filed. Within 7 days of the filing of this order, amicus 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. [8354675] (GV) |
| Filing 46 Entered appearance of Amicus Curiae Center for Arizona Policy, Inc. [8354659] (GV) |
| Filing 45 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Center for Arizona Policy, Inc.. Date of service: 10/10/2012. [8354480] (DJC) |
| Filing 43 Entered appearance of Amicus Curiae - Pending Liberty Counsel. [8354170] (GV) |
| Filing 42 Filed clerk order: The amicus brief [37] submitted by American Association of Pro-Life Obstetricians and Gynecologists, Association of American Physicians and Surgeons, Catholic Medical Associations, Christian Medical and Dental Associations, National Association of Prolife Nurses and Physicians for Life is filed. Within 7 days of the filing of this order,amici 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. [8354110] (GV) |
| Filing 41 Entered appearance of Amici Curiae American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Associations, Catholic Medical Associations, Physicians for Life and National Association of Prolife Nurses. [8354027] (GV) |
| Filing 40 Entered appearance of Amici Curiae Association of American Physicians and Surgeons and and Other National Medical Organizations. [8353813] (GV) |
| Filing 38 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Liberty Counsel. Date of service: 10/10/2012. [8353309] (MEM) |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Association of American Physicians & Surgeons, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical & Dental Associations, Catholic Medical Association, Physicians for Life, National Association of Pro-Life Nurses. Date of service: 10/10/2012. [8353306] (DMB) |
| Filing 39 Received 7 paper copies of Answering brief [29] filed by William Gerard Montgomery. (Sent to panel) [8353571] (SD) |
| Filing 36 Received 7 paper copies of Answering brief [30] filed by Arizona Medical Board, Tom Horne and Lisa Wynn. (Sent to panel) [8352062] (SD) |
| Filing 44 ENTRY UPDATED. ORIGINAL TEXT: Filed Appellee William Gerard Montgomery supplemental excerpts of record on appeal in 1 volum. [8354314] Filed Appellee William Gerard Montgomery supplemental excerpts of record on appeal in 1 volume. [Sent to PANEL] [8354314]--[Edited 10/10/2012 by GV] (GV) |
| Filing 35 Filed (ECF) Appellants William Clewell, Paul A. Isaacson and Hugh Miller Motion to extend time to file Reply brief until 10/19/2012. Date of service: 10/05/2012. [8350316] (JC) |
| Filing 34 Filed clerk order: The answering brief [30] submitted by Arizona Medical Board, Tom Horne and Lisa Wynn is filed. Within 7 days of the filing of this order, Appellees are 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. [8348139] (GV) |
| Filing 33 Filed clerk order: The answering brief [32] submitted by Barbara LaWall is filed. Within 7 days of the filing of this order, Appellee 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. [8347500] (GV) |
| Filing 32 Submitted (ECF) Answering brief for review. Submitted by Appellee Barbara LaWall. Date of service: 10/03/2012. [8347485] (PJP) |
| Filing 31 Filed clerk order: The answering brief [29] submitted by William Gerard Montgomery is filed. Within 7 days of the filing of this order, Appelllee 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. [8347188] (GV) |
| Filing 30 Submitted (ECF) Answering brief for review. Submitted by Appellees Arizona Medical Board, Tom Horne and Lisa Wynn. Date of service: 10/03/2012. [8347082]--[COURT UPDATE: Attached corrected brief. Resent NDA. 10/04/2012 by RY] (TMC) |
| Filing 29 Submitted (ECF) Answering brief for review. Submitted by Appellee William Gerard Montgomery. Date of service: 10/03/2012. [8346715] (DLI) |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Louis F Comus, III for Appellee William Gerard Montgomery. [8341101] (JKM) |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. James Kenneth Mangum, Esquire for Appellee William Gerard Montgomery. [8334998] (JKM) |
| Filing 26 Received 7 paper copies of Amicus brief [18] filed by American College of Obstetricians and Gynecologits and American Congress of Obstetricians and Gynecologists. (Sent to panel) [8327451] (SD) |
| Filing 25 Case rejected from Circuit Mediation Program. [8326336] [11-16929, 11-71195, 12-15507, 12-16277, 12-16293, 12-16399, 12-16413, 12-16428, 12-16461, 12-16497, 12-16510, 12-16522, 12-16526, 12-16527, 12-16616, 12-16628, 12-16641, 12-16670, 12-16803, 12-16811, 12-16821, 12-16916, 12-35231, 12-35334, 12-35467, 12-35501, 12-35515, 12-55337, 12-55407, 12-55442, 12-55637, 12-55657, 12-55659, 12-55676, 12-55733, 12-55736, 12-55777, 12-55987, 12-56060, 12-56162, 12-56203, 12-56211, 12-56235, 12-56236, 12-56298, 12-56329, 12-56418, 12-56377, 12-56455, 12-56456, 12-72464, 12-72527] (SB) |
| Filing 24 Filed clerk order: The amicus brief [18] submitted by American College of Obstetricians and Gynecologits and American Congress of Obstetricians and Gynecologists 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. [8323167] (GV) |
| Filing 23 Filed clerk order (Deputy Clerk: SM): The motion of the American College of Obstetricians and Gynecologists and the American Congress of Obstetricians and Gynecologists for leave to file a brief amicus curiae is GRANTED. The amicus brief received September 11, 2012, is ordered filed. [8322996] (SM) |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Janet Crepps for Appellant Paul A. Isaacson. [8321821] (JC) |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. William Gerard Montgomery for Appellee William Gerard Montgomery. [8321063] (WGM) |
| Filing 20 Entered appearance of Amici Curiae - Pending American College of Obstetricians and Gynecologits and American Congress of Obstetricians and Gynecologists. [8319389] (GV) |
| Filing 19 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Paula J. Perrera, I, Esquire for Appellee Barbara LaWall. [8319174] (PJP) |
| Filing 18 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American College of Obstetricians and Gynecologists and American Congress of Obstetricians and Gynecologists.. Date of service: 09/11/2012. [8318830] (AES) |
| Filing 17 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney David R. Cole for Appellees Tom Horne, Arizona Medical Board and Lisa Wynn. [8318704] (DRC) |
| Filing 16 Notice of Oral Argument on Monday, November 5, 2012 - 9:30 AM - Courtroom 1, 3rd Floor - James R. Browning US Courthouse - San Francisco, California. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8316505] (RB) |
| Filing 15 Received 7 paper copies of Opening brief [12] filed by William Clewell, Paul A. Isaacson and Hugh Miller. (Sent to panel) [8314065] (SD) |
| Filing 14 Filed Appellants William Clewell, Paul A. Isaacson and Hugh Miller excerpts of record in 2 volumes. Served on 09/04/2012. (Panel) [8309789] (GV) |
| Filing 13 Filed clerk order: The opening brief [12] submitted by William Clewell, Paul A. Isaacson and Hugh Miller 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. [8309683] (GV) |
| Filing 12 Submitted (ECF) Opening brief for review. Submitted by Appellants William Clewell, Paul A. Isaacson and Hugh Miller. Date of service: 09/04/2012. [8309544] (JC) |
| Filing 11 Filed (ECF) Appellants William Clewell and Hugh Miller Mediation Questionnaire. Date of service: 08/01/2012. [8271712] (AK) |
| Filing 10 Filed (ECF) Appellant Paul A. Isaacson Mediation Questionnaire. Date of service: 08/01/2012. [8271665] (JC) |
| Filing 9 Filed order (ALEX KOZINSKI, SIDNEY R. THOMAS and SANDRA S. IKUTA) Appellants’ request to file the oversized emergency motion for injunctive relief is granted. The oversized motion has been filed. Appellants’ emergency motion for injunctive relief pending appeal is granted. The court enjoins enforcement of the provisions of Arizona House Bill 2036 that place restrictions upon and criminalize the performance of abortions from 20 weeks gestational age, pending appeal. 2012 Ariz. Legis. Serv. 250 (H.B. 2036) (West) (to be codified as Ariz. Rev. Stat. § 36-2159); see Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008). The court sua sponte expedites the briefing and hearing of this appeal. The opening brief and excerpts of record are now due September 4, 2012; the answering brief is now due October 3, 2012; and the optional reply brief is due within 14 days after service of the answering brief. This case shall be placed on the first available argument calendar following the completion of briefing. [8271397] (DEV) |
| Filing 8 Filed (ECF) Appellees Arizona Medical Board, Tom Horne and Lisa Wynn response to motion (,motion for injunction pending appeal). Date of service: 08/01/2012. [8270749] (DRC) |
| Filing 7 Filed (ECF) Appellee William (Bill) Montogomery response to motion (,motion for injunction pending appeal). Date of service: 07/31/2012. [8270705] (DLI) |
| Filing 6 Added attorney Thomas Matthew Collins for Arizona Medical Board Tom Horne Lisa Wynn. [8270535] (RL) |
| Filing 5 Filed (ECF) notice of appearance of Thomas Matthew Collins for Appellees Arizona Medical Board, Tom Horne and Lisa Wynn. Date of service: 07/31/2012. [8270505] (TMC) |
| Filing 4 Filed (ECF) Appellee Barbara LaWall response to motion (,motion for injunction pending appeal, ,motion to file oversized brief). Date of service: 07/31/2012. [8270479] (PJP) |
| Filing 3 Filed (ECF) Appellants William Clewell, Paul A. Isaacson and Hugh Miller EMERGENCY Motion to file oversized motion. Date of service: 07/30/2012. [8269065]--[COURT UPDATE: Changed 'brief' to 'motion' resent notice. 07/31/2012 by ASW] (JC) |
| Filing 2 Filed (ECF) Appellants William Clewell, Paul A. Isaacson and Hugh Miller EMERGENCY Motion for injunction pending appeal. Date of service: 07/30/2012. [8269064] (JC) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/06/2012. Transcript ordered by 08/29/2012. Transcript due 09/28/2012. Appellants William Clewell, Paul A. Isaacson and Hugh Miller opening brief due 11/07/2012. Appellees Arizona Medical Board, Tom Horne, Barbara LaWall, William (Bill) Montogomery and Lisa Wynn answering brief due 12/07/2012. Appellant's optional reply brief is due 14 days after service of the answering brief. [8268661] (RT) |
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