Gary Klein v. City of Beverly Hills, et al
| GARY KLEIN |
| CITY OF BEVERLY HILLS, DANIEL CHILSON, MICHAEL PUBLICKER and DAVID L. SNOWDEN, Chief |
| 15-56279 |
| August 21, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 61 MANDATE ISSUED.(AWT, JHN and ALM) Costs taxed against Appellant in the amount of $71.90. [10645635] (RL) [Entered: 11/07/2017 09:05 AM] |
| Filing 60 Filed order (A. WALLACE TASHIMA, JACQUELINE H. NGUYEN and ALGENON L. MARBLEY): The panel voted to deny the petition for rehearing. Judge Nguyen voted to deny the petition for rehearing en banc, and Judge Tashima and Judge Marbley have so recommended. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [10635426] (AF) [Entered: 10/30/2017 08:54 AM] |
| Filing 59 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 58 ]. Original Text: Filed (ECF) Appellant Gary Klein petition for panel rehearing and petition for rehearing en banc (from 08/04/2018 memorandum). Date of service: 08/18/2017. [10551144] [15-56279] (Klapach, Joseph) [Entered: 08/18/2017 11:58 PM] |
| Filing 58 Filed (ECF) Appellant Gary Klein petition for panel rehearing and petition for rehearing en banc (from 08/04/2017 memorandum). Date of service: 08/04/2017. [10551143] [15-56279] --[COURT UPDATE: Attached opinion. 8/21/2017 by TYL] (Klapach, Joseph) [Entered: 08/18/2017 11:55 PM] |
| Filing 57 Filed (ECF) Appellees City of Beverly Hills, Daniel Chilson, Michael Publicker and David L. Snowden bill of costs (Form 10) in the amount of $71.90 USD. Date of service: 08/11/2017 [10541792] [15-56279] (Bobak, M.) [Entered: 08/11/2017 02:21 PM] |
| Filing 56 Filed clerk order (Deputy Clerk: rmm): At the direction of the Court, costs are hereby awarded to Defendants-Appellees. [10533075] (RMM) [Entered: 08/04/2017 07:14 AM] |
| Filing 55 Filed memorandum (A. WALLACE TASHIMA, JACQUELINE H. NGUYEN and ALGENON L. MARBLEY) AFFIRMED IN PART; REVERSED IN PART. [10533074] (RMM) [Entered: 08/04/2017 07:10 AM] |
| Filing 54 FILED OPINION (A. WALLACE TASHIMA, JACQUELINE H. NGUYEN and ALGENON L. MARBLEY) AFFIRMED IN PART; REVERSED IN PART. Judge: JHN Authoring, FILED AND ENTERED JUDGMENT. [10533071] (RMM) [Entered: 08/04/2017 07:08 AM] |
| Filing 53 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10358646] (BG) [Entered: 03/16/2017 08:49 AM] |
| Filing 52 ARGUED AND SUBMITTED TO A. WALLACE TASHIMA, JACQUELINE H. NGUYEN and ALGENON L. MARBLEY. [10351786] (BG) [Entered: 03/10/2017 11:33 AM] |
| Filing 51 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Joseph Scott Klapach for Appellant Gary Klein. [10325677] [15-56279] (Klapach, Joseph) [Entered: 02/20/2017 05:34 PM] |
| Filing 50 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney M. Lois Bobak for Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. [10258634] [15-56279] (Bobak, M.) [Entered: 01/09/2017 10:02 AM] |
| Filing 49 Notice of Oral Argument on Friday, March 10, 2017 - 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. [10248434] (Witt, Dusty) [Entered: 12/28/2016 02:21 PM] |
| Filing 48 Received 7 paper copies of Reply Brief [ # 44 ] filed by Gary Klein. [10204665] (RG) [Entered: 11/21/2016 11:41 AM] |
| Filing 47 Filed (ECF) Appellant Gary Klein Correspondence: regarding availability for oral argument. Date of service: 11/18/2016 [10203790] [15-56279] (Klapach, Joseph) [Entered: 11/18/2016 08:28 PM] |
| Filing 46 This case is being considered for the March 2017 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_2017.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.[10201630] (AW) [Entered: 11/17/2016 03:32 PM] |
| Filing 45 Filed clerk order: The reply brief [ # 44 ] submitted by Gary Klein 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 CM/ECF. [10192805] (GV) [Entered: 11/10/2016 08:45 AM] |
| Filing 44 Submitted (ECF) Reply Brief for review. Submitted by Appellant Gary Klein. Date of service: 11/09/2016. [10192702] [15-56279] (Klapach, Joseph) [Entered: 11/09/2016 08:20 PM] |
| Filing 43 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 42 ]) for a fourth extension of time to file the reply brief is granted. The reply brief is due November 9, 2016. [10179438] (HC) [Entered: 10/31/2016 10:39 AM] |
| Filing 42 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Reply brief until 11/09/2016. Date of service: 10/26/2016. [10175498] [15-56279] (Klapach, Joseph) [Entered: 10/26/2016 07:14 PM] |
| Filing 41 ENTRY UPDATED: Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion [ # 40 ] for a third extension of time to file the reply brief is granted. The reply brief is due November 2, 2016. [10159363] [10159363]--[Edited 10/14/2016 by LBS] [10159363]--[Edited 10/14/2016 by LBS] (LBS) [Entered: 10/14/2016 09:21 AM] |
| Filing 40 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Reply brief until 11/02/2016. Date of service: 10/12/2016. [10157503] [15-56279] (Klapach, Joseph) [Entered: 10/12/2016 09:16 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion [ # 38 ] for a second extension of time to file the reply brief is granted. The reply brief is due October 19, 2016. [10145972] (LBS) [Entered: 10/03/2016 12:31 PM] |
| Filing 38 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Reply brief until 10/19/2016. Date of service: 09/28/2016. [10140695] [15-56279] (Klapach, Joseph) [Entered: 09/28/2016 02:15 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (docket entry [ # 36 ]) for an extension of time to file the reply brief is granted. The reply brief is due October 11, 2016. [10117986] (HC) [Entered: 09/09/2016 11:37 AM] |
| Filing 36 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file a Reply brief. Date of service: 08/29/2016. [10105535] [15-56279]--[COURT UPDATE: Updated docket text to reflect content of filing. 08/30/2016 by SLM] (Klapach, Joseph) [Entered: 08/29/2016 06:38 PM] |
| Filing 35 Received 7 paper copies of Answering Brief [ # 31 ] filed by Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. [10105409] (DB) [Entered: 08/29/2016 04:37 PM] |
| Filing 34 Filed four paper copies of supplemental excerpts of record [ # 32 ] in 1 volume(s) filed by Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. [10101589] (GV) [Entered: 08/25/2016 04:19 PM] |
| Filing 33 Filed clerk order: The answering brief [ # 31 ] submitted by Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 32 ] submitted by Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. 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. [10096141] (GV) [Entered: 08/22/2016 04:39 PM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. Date of service: 08/22/2016. [10095749] [15-56279] (Bobak, M.) [Entered: 08/22/2016 02:58 PM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. Date of service: 08/22/2016. [10095744] [15-56279] (Bobak, M.) [Entered: 08/22/2016 02:56 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion [ # 29 ] for a second extension of time to file the answering brief is granted. The answering brief is due August 22, 2016. The optional reply brief is due within 14 days after service of the answering brief. [10032585] (LBS) [Entered: 06/28/2016 03:15 PM] |
| Filing 29 Filed (ECF) Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden Unopposed Motion to extend time to file Answering brief until 08/22/2016. Date of service: 06/27/2016. [10030367] [15-56279] (Bobak, M.) [Entered: 06/27/2016 02:02 PM] |
| Filing 28 Streamlined request [27] by Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden to extend time to file the brief is approved. Amended briefing schedule: Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden answering brief due 07/08/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [10004041] (GS) [Entered: 06/06/2016 03:54 PM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees City of Beverly Hills, Daniel Chilson, Michael Publicker and David L. Snowden. New requested due date is 07/08/2016. [10003851] [15-56279] (Bobak, M.) [Entered: 06/06/2016 02:59 PM] |
| Filing 26 Filed 4 paper copies of excerpts of record [ # 22 ] in 6 volume(s) filed by Appellant Gary Klein. [9981954] (TLH) [Entered: 05/18/2016 02:53 PM] |
| Filing 25 Received 7 paper copies of Opening Brief [ # 23 ] filed by Gary Klein. [9979711] (RG) [Entered: 05/17/2016 12:52 PM] |
| Filing 24 Filed clerk order: The opening brief [ # 23 ] submitted by Gary Klein 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 [ # 22 ] submitted by Gary Klein. 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. [9973449] (TLH) [Entered: 05/11/2016 03:35 PM] |
| Filing 23 Submitted (ECF) Opening Brief for review. Submitted by Appellant Gary Klein. Date of service: 05/08/2016. [9968303] [15-56279] --[COURT UPDATE: Attached corrected brief. 05/11/2016 by JT] (Klapach, Joseph) [Entered: 05/08/2016 05:58 AM] |
| Filing 22 Submitted (ECF) excerpts of record. Submitted by Appellant Gary Klein. Date of service: 05/06/2016. [9966706] [15-56279] (Klapach, Joseph) [Entered: 05/06/2016 12:58 AM] |
| Filing 21 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion for a fourth extension of time to file the opening brief is granted. The opening brief is due May 9, 2016; the answering brief is due June 8, 2016; and the optional reply brief is due within 14 days after service of the answering brief. [9956011] (LBS) [Entered: 04/27/2016 07:20 PM] |
| Filing 20 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Opening brief until 05/09/2016. Date of service: 04/25/2016. [9952622] [15-56279] (Klapach, Joseph) [Entered: 04/25/2016 07:26 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion for a third extension of time to file the opening brief is granted. The opening brief is due May 2, 2016; the answering brief is due June 1, 2016; and the optional reply brief is due within 14 days after service of the answering brief. [9919434] (HC) [Entered: 03/29/2016 11:37 AM] |
| Filing 17 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Opening brief until 05/02/2016. Date of service: 03/25/2016. [9916748] [15-56279] (Klapach, Joseph) [Entered: 03/25/2016 05:30 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion for a second extension of time to file the opening brief is granted. The opening brief is due April 1, 2016; the answering brief is due May 2, 2016; and the optional reply brief is due within 14 days after service of the answering brief. [9876711] (LBS) [Entered: 02/24/2016 12:03 PM] |
| Filing 15 Filed (ECF) Appellant Gary Klein Unopposed Motion to extend time to file Opening brief until 04/01/2016. Date of service: 02/24/2016. [9876237] [15-56279] (Klapach, Joseph) [Entered: 02/24/2016 09:29 AM] |
| Filing 14 Attorney Franklin T. Bigelow Jr. in 15-56279 substituted by Attorney Joseph Scott Klapach in 15-56279 [9849919] (JFF) [Entered: 02/01/2016 04:32 PM] |
| Filing 13 Filed (ECF) notice of appearance of Joseph S Klapach for Appellant Gary Klein. Date of service: 02/01/2016. [9849493] [15-56279] (Klapach, Joseph) [Entered: 02/01/2016 02:58 PM] |
| Filing 12 Streamlined request [11] by Appellant Gary Klein to extend time to file the brief is approved. Amended briefing schedule: Appellant Gary Klein opening brief due 03/02/2016. Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden answering brief due 04/01/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [9831600] (GS) [Entered: 01/19/2016 03:20 PM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gary Klein. New requested due date is 03/02/2016. [9831245] [15-56279] (Bigelow, Franklin) [Entered: 01/19/2016 02:00 PM] |
| Filing 10 Filed Mediation order: This case is not selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [9693260] (MS) [Entered: 09/23/2015 09:48 AM] |
| Filing 9 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 09/16/2015 , counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [9669113] (VS) [Entered: 09/02/2015 09:40 AM] |
| Filing 8 Filed (ECF) Appellant Gary Klein Mediation Questionnaire. Date of service: 08/31/2015. [9665635] [15-56279] (Bigelow, Franklin) [Entered: 08/31/2015 10:10 AM] |
| Filing 7 Filed (ECF) Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden Mediation Questionnaire. Date of service: 08/28/2015. [9664024] [15-56279] (Bobak, M.) [Entered: 08/28/2015 12:21 PM] |
| Filing 6 Added attorney M. Lois Bobak for City of Beverly Hills Michael Publicker Daniel Chilson David L. Snowden. [9663910] (RL) [Entered: 08/28/2015 11:43 AM] |
| Filing 5 Filed (ECF) notice of appearance of M. Lois Bobak for Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden. Date of service: 08/28/2015. [9663886] [15-56279] (Bobak, M.) [Entered: 08/28/2015 11:39 AM] |
| Filing 4 Added attorney Franklin T. Bigelow Jr. for Gary Klein. [9659849] (RL) [Entered: 08/25/2015 01:53 PM] |
| Filing 3 Filed (ECF) notice of appearance of Franklin T. Bigelow, Jr. for Appellant Gary Klein. Date of service: 08/25/2015. [9659823] [15-56279] (Bigelow, Franklin) [Entered: 08/25/2015 01:49 PM] |
| Filing 2 Filed representation notice of Daniel J. Yourist for Appellant. Served on 08/20/2015. [9655624] (BG) [Entered: 08/21/2015 09:56 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/28/2015. Transcript ordered by 09/21/2015. Transcript due 12/21/2015. Appellant Gary Klein opening brief due 02/01/2016. Appellees Daniel Chilson, City of Beverly Hills, Michael Publicker and David L. Snowden answering brief due 03/02/2016. Appellant's optional reply brief is due 14 days after service of the answering brief. [9655615] (BG) [Entered: 08/21/2015 09:54 AM] |
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