Eugene Baker v. Loretta E. Lynch, et al
| KAMALA D. HARRIS, Attorney General, in her capacity as Attorney General of the State of California, STATE OF CALIFORNIA DEPARTMENT OF JUSTICE EMPLOYEES and LORETTA E. LYNCH, Attorney General |
| EUGENE EVAN BAKER |
| 13-56454 |
| August 21, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 58 MANDATE ISSUED.(SST, JBO and MTF) [10194074] (JFF) [Entered: 11/10/2016 04:38 PM] |
| Filing 57 FILED MEMORANDUM DISPOSITION (STEPHEN S. TROTT, JOHN B. OWENS and MICHELLE T. FRIEDLAND) AFFIRMED. FILED AND ENTERED JUDGMENT. [10163305] (PH) [Entered: 10/18/2016 10:07 AM] |
| Filing 56 ARGUED AND SUBMITTED TO STEPHEN S. TROTT, JOHN B. OWENS and MICHELLE T. FRIEDLAND. [10152841] (BG) [Entered: 10/07/2016 10:51 AM] |
| Filing 55 Revised Notice of Oral Argument on Friday, October 7, 2016 - 08:45 A.M. - Courtroom 1 - Pasadena CA. ** note change of start time ** View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [10110591] (AW) [Entered: 09/01/2016 04:05 PM] |
| Filing 54 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Anna Barvir for Appellant Eugene Evan Baker. [10068573] [13-56454] (Barvir, Anna) [Entered: 07/29/2016 11:36 AM] |
| Filing 53 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Patrick G. Nemeroff for Appellee Loretta E. Lynch. [10066365] [13-56454] (Nemeroff, Patrick) [Entered: 07/28/2016 08:45 AM] |
| Filing 52 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Anthony R. Hakl for Appellees Kamala D. Harris and State of California Department of Justice Employees. [10066335] [13-56454] (Hakl, Anthony) [Entered: 07/28/2016 08:33 AM] |
| Filing 51 Notice of Oral Argument on Friday, October 7, 2016 - 09:00 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [10064254] (DJW) [Entered: 07/26/2016 03:56 PM] |
| Filing 50 This case is being considered for the October 2016 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10018895] (AW) [Entered: 06/17/2016 09:52 AM] |
| Filing 49 Received 7 paper copies of Reply Brief [ # 47 ] filed by Eugene Evan Baker. [9998185] (SD) [Entered: 06/01/2016 12:00 PM] |
| Filing 48 Filed clerk order: The reply brief [ # 47 ] submitted by Eugene Evan Baker 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: 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. [9995392] (KT) [Entered: 05/31/2016 08:33 AM] |
| Filing 47 Submitted (ECF) Reply Brief for review. Submitted by Appellant Eugene Evan Baker. Date of service: 05/27/2016. [9994012] [13-56454] (Michel, Carl) [Entered: 05/27/2016 11:30 AM] |
| Filing 46 Filed clerk order (Deputy Clerk: amt): Granting unopposed late (ECF Filing) motion to extend time to file the reply brief. The reply brief is due May 27, 2016. [9986456] (AT) [Entered: 05/23/2016 10:18 AM] |
| Filing 45 Filed (ECF) Appellant Eugene Evan Baker Unopposed Motion to extend time to file Reply brief until 05/27/2016. Date of service: 05/18/2016. [9982543] [13-56454] (Michel, Carl) [Entered: 05/18/2016 05:46 PM] |
| Filing 44 Streamlined request [43] by Appellant Eugene Evan Baker to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due May 20, 2016. [9950432] (LKK) [Entered: 04/22/2016 04:26 PM] |
| Filing 43 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Eugene Evan Baker. New requested due date is 05/20/2016. [9950045] [13-56454] (Michel, Carl) [Entered: 04/22/2016 02:15 PM] |
| Filing 42 Received 7 paper copies of the joinder to brief [ # 41 ] filed by Kamala D. Harris. [9947496] (SD) [Entered: 04/20/2016 03:50 PM] |
| Filing 40 Received 7 paper copies of Answering brief [ # 37 ] filed by Loretta E. Lynch. [9946826] (SD) [Entered: 04/20/2016 11:52 AM] |
| Filing 39 Filed clerk order: The answering brief [ # 37 ] submitted by Loretta E. Lynch 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: 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. [9944375] (KT) [Entered: 04/18/2016 04:38 PM] |
| Filing 38 Submitted (ECF) Answering Brief for review. Submitted by Appellees Kamala D. Harris and State of California Department of Justice Employees. Date of service: 04/15/2016. [9941684] [13-56454] (Hakl, Anthony) [Entered: 04/15/2016 11:34 AM] |
| Filing 37 Submitted (ECF) Answering Brief for review. Submitted by Appellee Loretta E. Lynch. Date of service: 04/15/2016. [9941041] [13-56454] (Nemeroff, Patrick) [Entered: 04/15/2016 06:51 AM] |
| Filing 36 Streamlined request [35] by Appellee Loretta E. Lynch to extend time to file the brief is approved. Amended briefing schedule: Appellee Loretta E. Lynch, Attorney General answering brief due 04/15/2016. The optional reply brief is due 14 days from the date of service of the latter served answering brief. [9882189] (CB) [Entered: 02/29/2016 11:08 AM] |
| Filing 35 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Loretta E. Lynch. New requested due date is 04/15/2016. [9882134] [13-56454] (Nemeroff, Patrick) [Entered: 02/29/2016 10:54 AM] |
| Filing 33 Received 7 paper copies of Opening brief [ # 30 ] filed by Eugene Evan Baker. [9871869] (SD) [Entered: 02/19/2016 04:44 PM] |
| Filing 32 Filed (ECF) Errata to Opening brief ([ # 30 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Eugene Evan Baker. Date of service: 02/17/2016. [9868553] [13-56454]--[COURT UPDATE: Attached corrected notice. 02/18/2016 by RY] (Michel, Carl) [Entered: 02/17/2016 04:22 PM] |
| Filing 31 Filed clerk order: The opening brief [ # 30 ] submitted by Eugene Evan Baker 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. The Court has reviewed the excerpts of record [ # 29 ] submitted by Eugene Evan Baker. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9868022] (TH) [Entered: 02/17/2016 01:40 PM] |
| Filing 30 Submitted (ECF) Opening Brief for review. Submitted by Appellant Eugene Evan Baker. Date of service: 02/16/2016. [9866946] [13-56454] (Michel, Carl) [Entered: 02/16/2016 06:42 PM] |
| Filing 29 Submitted (ECF) excerpts of record. Submitted by Appellant Eugene Evan Baker. Date of service: 02/16/2016. [9866939] [13-56454] (Michel, Carl) [Entered: 02/16/2016 05:59 PM] |
| Filing 28 Filed order (Appellate Commissioner): Appellants motion for full remand to the district court for further proceedings is denied without prejudice to raising the arguments in the opening brief. The opening brief is due February 17, 2016. The answering brief is due March 18, 2016. The optional reply brief is due within 14 days after service of the answering brief. (MOATT) [9821539] (NT) [Entered: 01/08/2016 04:43 PM] |
| Filing 27 Filed (ECF) Appellant Eugene Evan Baker reply to response (motion to remand case). Date of service: 11/19/2015. [9763790] [13-56454] (Michel, Carl) [Entered: 11/19/2015 05:19 PM] |
| Filing 26 Filed (ECF) Appellees Kamala D. Harris and State of California Department of Justice Employees response opposing motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing) motion to remand case). Date of service: 11/12/2015. [9754202] [13-56454] (Hakl, Anthony) [Entered: 11/12/2015 04:36 PM] |
| Filing 25 Filed (ECF) Appellee Loretta E. Lynch response opposing motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing) motion to remand case). Date of service: 11/12/2015. [9753422] [13-56454] (Nemeroff, Patrick) [Entered: 11/12/2015 01:26 PM] |
| Filing 24 Added attorney Anna Barvir for Eugene Evan Baker, in case 13-56454. [9711851] (JFF) [Entered: 10/08/2015 11:38 AM] |
| Filing 23 Filed (ECF) notice of appearance of Anna M Barvir for Appellant Eugene Evan Baker. Date of service: 10/08/2015. [9711489] [13-56454] (CDM) [Entered: 10/08/2015 10:05 AM] |
| Filing 22 Filed clerk order (Deputy Clerk: AT): Appellees unopposed motion for an extension of time to respond to the motion for remand is granted. Appellees response is now due November 12, 2015. The optional reply is due within 7 days after service of the response. Briefing is suspended pending disposition of the motion for remand. [9710612] (OC) [Entered: 10/07/2015 03:07 PM] |
| Filing 21 Filed (ECF) Appellee Loretta E. Lynch Unopposed Motion to extend time to file a response until 11/12/2015. Date of service: 10/06/2015. [9708536] [13-56454] (PGN) [Entered: 10/06/2015 12:28 PM] |
| Filing 20 Added attorney Michael Raab, Patrick G. Nemeroff for Loretta E. Lynch, in case 13-56454. [9707978] (JFF) [Entered: 10/06/2015 09:04 AM] |
| Filing 19 Filed (ECF) notice of appearance of Michael S. Raab for Appellee Loretta E. Lynch. Date of service: 10/06/2015. [9707922] [13-56454] (PGN) [Entered: 10/06/2015 08:40 AM] |
| Filing 18 Filed (ECF) notice of appearance of Patrick G. Nemeroff for Appellee Loretta E. Lynch. Date of service: 10/06/2015. [9707916] [13-56454] (PGN) [Entered: 10/06/2015 08:38 AM] |
| Filing 17 Filed (ECF) Appellant Eugene Evan Baker Motion to remand case. Date of service: 09/29/2015. [9701238] [13-56454] (CDM) [Entered: 09/29/2015 08:42 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: GS): The petitioners motion to further stay appellate proceedings for 90 days pending United States Supreme Courts disposition of the petition for writ of certiorari in Enos v. Holder, No. 14-1216, is granted. Appellate proceedings are stayed until September 30, 2015. At or prior to the expiration of the stay of appellate proceedings, the petitioner shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief will be due November 30, 2015. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9564342] (AF) [Entered: 06/08/2015 09:20 AM] |
| Filing 15 Filed (ECF) Appellant Eugene Evan Baker Unopposed Motion to stay proceedings. Date of service: 06/04/2015. [9562167] [13-56454] (CDM) [Entered: 06/04/2015 03:02 PM] |
| Filing 14 Eric H. Holder Jr. substituted by Loretta E. Lynch effective 04/27/2015.--[Created 04/27/2015 by AUTOUPD][9512051] (ASW) [Entered: 04/27/2015 12:57 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: GS): The petitioners motion to stay appellate proceedings for 180 days pending Enos v. Holder, No. 12-15498, is granted. Appellate proceedings are stayed until July 2, 2015. At or prior to the expiration of the stay of appellate proceedings, the petitioner shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief will be due August 31, 2015. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9314561] (WL) [Entered: 11/17/2014 07:51 AM] |
| Filing 12 Filed (ECF) Appellant Eugene Evan Baker Unopposed Motion to stay proceedings. Date of service: 11/13/2014. [9312539] [13-56454] (CDM) [Entered: 11/13/2014 05:43 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: AMT ): Appellants unopposed motion to stay proceedings pending this Courts disposition of Enos v. Holder, Jr. appeal no. 12-15498, is granted in part. This case is stayed until January 2, 2015. On or before the expiration of the stay, appellant shall file the opening brief or file an appropriate motion addressing the status of the case and requesting continuance of the stay or other relief. If appellant files the opening brief, the answering brief is due February 2, 2015. The reply brief is due 14 days after service of the answering brief. The filing of the opening brief or failure to file a motion shall terminate the stay. [9272445] (WL) [Entered: 10/10/2014 07:11 AM] |
| Filing 10 Filed (ECF) Appellant Eugene Evan Baker Unopposed Motion to stay proceedings. Date of service: 10/07/2014. [9269307] (CDM) [Entered: 10/07/2014 05:11 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: GS): The appellants unopposed motion to further stay appellate proceedings 180 days pending the filing of the petition for writ of certiorari with the United States Supreme Court in United States v. Chovan, Ninth Circuit Docket No. 11-50107, is granted. Appellate proceedings are stayed until November 3, 2014. At or prior to the expiration of the stay of appellate proceedings, the appellant shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief is due December 3, 2014. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [9085090] (RT) [Entered: 05/06/2014 02:04 PM] |
| Filing 8 Filed (ECF) Appellant Eugene Evan Baker Unopposed Motion to stay proceedings. Date of service: 05/02/2014. [9081850] (CDM) [Entered: 05/02/2014 04:20 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: GS): The appellants motion to stay appellate proceedings pending resolution of the petition for rehearing in United States v. Chovan, No. 11-50107,is granted in part. Appellate proceedings are stayed until May 19, 2014. At or prior to the expiration of the stay of appellate proceedings, the appellant shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief will be due June 18, 2014. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. [8938931] (RT) [Entered: 01/15/2014 09:18 AM] |
| Filing 6 Filed (ECF) Appellant Eugene Evan Baker Motion to stay proceedings. Date of service: 01/13/2014. [8935890] (CDM) [Entered: 01/13/2014 03:25 PM] |
| Filing 5 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 6 ]. Original Text: Filed (ECF) Appellant Eugene Evan Baker Motion to stay proceedings. Date of service: 01/13/2014. [8935527] (CDM) [Entered: 01/13/2014 02:31 PM] |
| Filing 4 Case rejected from Circuit Mediation Program. [8835051] (LW) [Entered: 10/24/2013 11:37 AM] |
| Filing 3 Filed (ECF) Appellant Eugene Evan Baker Mediation Questionnaire. Date of service: 08/26/2013. [8755814] (CDM) [Entered: 08/26/2013 10:55 AM] |
| Filing 2 Filed representation notice of C.D. Michel for Appellant. Served on 08/20/2013. [8751095] (BG) [Entered: 08/21/2013 11:55 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/28/2013. Transcript ordered by 09/19/2013. Transcript due 12/18/2013. Appellant Eugene Evan Baker opening brief due 01/27/2014. Appellees Kamala D. Harris, Attorney General, Eric H. Holder Jr., Attorney General and State of California Department of Justice Employees answering brief due 02/26/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8751075] (BG) [Entered: 08/21/2013 11:47 AM] |
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| Defendant / appellee: KAMALA D. HARRIS, Attorney General, in her capacity as Attorney General of the State of California | |
| Represented By: | Anthony R. Hakl |
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| Defendant / appellee: STATE OF CALIFORNIA DEPARTMENT OF JUSTICE EMPLOYEES | |
| Represented By: | Anthony R. Hakl |
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| Defendant / appellee: LORETTA E. LYNCH, Attorney General | |
| Represented By: | David A. DeJute |
| Represented By: | Michael Raab |
| Represented By: | Patrick G. Nemeroff |
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| Plaintiff / appellant: EUGENE EVAN BAKER | |
| Represented By: | Sean Anthony Brady |
| Represented By: | Anna Barvir |
| Represented By: | Joshua Robert Dale |
| Represented By: | Carl D. Michel Esquire |
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