Ralph Coleman, et al v. Gavin Newsom, et al
| WINIFRED WILLIAMS, JOSEPH ROY, RALPH COLEMAN, DAVID J HEROUX and DAVID MCKAY |
| MICHAEL COHEN, Director of the Department of Finance, PAMELA AHLIN, Director of the Department of State Hospitals, SCOTT KERNAN, Secretary of the California Department of Corrections and Rehabilitation, EDMUND G. BROWN, Jr., Governor of the State of California, GAVIN NEWSOM, Governor of the State of California, RALPH DIAZ, Secretary of the California Department of Corrections and Rehabilitation, KEELY BOSLER, Director of the Department of Finance and STEPHANIE CLENDENIN, Director of the Department of State Hospitals |
| 19-15006 |
| January 2, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 35 Filed order (Deputy Clerk: GS) The appellants unopposed motion (Docket Entry No. [ # 34 ]) for voluntary dismissal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court. [11561395] (JPD) [Entered: 01/14/2020 10:37 AM] |
| Filing 34 Filed (ECF) Appellants Keely Bosler, Stephanie Clendenin, Ralph Diaz and Gavin Newsom Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 01/03/2020. [11550334] [19-15006] (Bower, Alicia) [Entered: 01/03/2020 01:27 PM] |
| Filing 33 COURT UPDATE: Entry #32 (memorandum) has been removed due to being entered in error. [11544297] (SLM) [Entered: 12/26/2019 01:02 PM] |
| Filing 31 Appellants Edmund G. Brown Jr., Scott Kernan, Michael Cohen and Pamela Ahlin in 19-15006 substituted by Appellants Gavin Newsom, Ralph Diaz, Keely Bosler and Stephanie Clendenin in 19-15006 [11542363] (TYL) [Entered: 12/23/2019 02:04 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 29 ] (ECF Filing) filed by Appellants Scott Kernan, Edmund G. Brown, Jr., Pamela Ahlin and Michael Cohen; Appellants Pamela Ahlin, Edmund G. Brown Jr., Michael Cohen and Scott Kernan opening brief due 01/03/2020. Appellees Ralph Coleman, David J Heroux, David McKay, Joseph Roy and Winifred Williams answering brief due 02/03/2020. The optional reply brief is due 21 days after service of the answering brief. [11488552] (GS) [Entered: 11/04/2019 03:54 PM] |
| Filing 29 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan Unopposed Motion to extend time to file Opening brief until 01/03/2020. Date of service: 10/31/2019. [11484860] [19-15006] (Bower, Alicia) [Entered: 10/31/2019 12:19 PM] |
| Filing 28 Attorney Yevgeniy Mikhail Parkman substituted by Attorney Alicia Anne Bower in 19-15006 [11476759] (CW) [Entered: 10/24/2019 02:22 PM] |
| Filing 27 Filed (ECF) notice of appearance of Alicia Anne Bower (California Department of Justice, Office of the Attorney General / 1515 Clay Street, Suite 2000 / Oakland, CA 94612) for Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan. Substitution for Attorney Mr. Yevgeniy Mikhail Parkman for Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan. Date of service: 10/24/2019. (Party was previously proceeding with counsel.) [11476633] [19-15006] (Bower, Alicia) [Entered: 10/24/2019 01:52 PM] |
| Filing 26 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON): Appellees requests for judicial notice (Docket Entry Nos. [ # 19 ] and [ # 25 ]) are granted. Appellees motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 18 ]) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The opening brief and excerpts of record are due December 4, 2019; the answering brief is due January 3, 2020; and the optional reply brief is due within 21 days after service of the answering brief. [11472687] (AF) [Entered: 10/22/2019 10:41 AM] |
| Filing 25 Filed (ECF) Appellees Ralph Coleman, David J Heroux, David McKay, Joseph Roy and Winifred Williams reply to response (). Date of service: 09/20/2019. [11439638] [19-15006] (Ells, Lisa) [Entered: 09/20/2019 05:48 PM] |
| Filing 24 Filed clerk order (Deputy Clerk: LCC): Appellees unopposed motion for an extension of time to file a reply in support of their motion to dismiss this appeal is granted. The reply is now due September 20, 2019. The briefing schedule remains stayed pending further order of the court. [11423239] (AF) [Entered: 09/06/2019 10:16 AM] |
| Filing 23 Filed (ECF) Appellee Ralph Coleman Unopposed Motion to extend time to file a reply until 09/20/2019. Date of service: 09/05/2019. [11422873] [19-15006] (Ells, Lisa) [Entered: 09/05/2019 09:17 PM] |
| Filing 22 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 09/04/2019. [11421391] [19-15006] (Parkman, Yevgeniy) [Entered: 09/04/2019 07:13 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: LCC): Appellants unopposed motion for an extension of time to respond to appellees motion to dismiss this appeal (Docket Entry No. [ # 20 ]) is granted. The opposition is now due September 4, 2019. Appellees optional reply is due within 7 days after service of the opposition. If necessary, the court will set a briefing schedule upon disposition of the motion to dismiss. [11384751] (JPD) [Entered: 08/01/2019 04:21 PM] |
| Filing 20 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan Unopposed Motion to extend time to file opposition until 09/04/2019. Date of service: 08/01/2019. [11384169] [19-15006] (Parkman, Yevgeniy) [Entered: 08/01/2019 12:41 PM] |
| Filing 19 Filed (ECF) Appellee Ralph Coleman Motion to take judicial notice of In Support of Motion to Dismiss. Date of service: 07/26/2019. [11378156] [19-15006] (Ells, Lisa) [Entered: 07/26/2019 01:43 PM] |
| Filing 18 Filed (ECF) Appellee Ralph Coleman Motion to dismiss for lack of jurisdiction. Date of service: 07/26/2019. [11378131] [19-15006] (Ells, Lisa) [Entered: 07/26/2019 01:30 PM] |
| Filing 17 Received copy of amended notice of appeal from district court filed 7/25/19. [11377903] (CW) [Entered: 07/26/2019 11:31 AM] |
| Filing 16 Filed clerk order (Deputy Clerk: SM): Granting Unopposed Motion [ # 15 ] to extend time to file brief filed by Appellants Scott Kernan, Edmund G. Brown, Jr., Pamela Ahlin and Michael Cohen Appellants Pamela Ahlin, Edmund G. Brown Jr., Michael Cohen and Scott Kernan opening brief due 07/31/2019. Appellees Ralph Coleman, David J Heroux, David McKay, Joseph Roy and Winifred Williams answering brief due 08/30/2019. The optional reply brief is due 21 days after service of the answering brief. [11300185] (SAM) [Entered: 05/16/2019 01:21 PM] |
| Filing 15 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan Unopposed Motion to extend time to file Opening brief until 07/31/2019. Date of service: 05/15/2019. [11298607] [19-15006] (Parkman, Yevgeniy) [Entered: 05/15/2019 01:03 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: SM): Granting Unopposed Motion [ # 11 ] to extend time to file brief filed by Appellants Scott Kernan, Edmund G. Brown, Jr., Pamela Ahlin and Michael Cohen Appellants Pamela Ahlin, Edmund G. Brown Jr., Michael Cohen and Scott Kernan opening brief due 05/23/2019. The optional reply brief is due 21 days after service of the answering brief. [11245433] (SAM) [Entered: 03/28/2019 01:12 PM] |
| Filing 13 Added attorney Neah Huynh for appellants Scott Kernan, Pamela Ahlin, Michael Cohen and Edmund G. Brown Jr., in case 19-15006. [11244524] (HH) [Entered: 03/27/2019 04:54 PM] |
| Filing 12 Filed (ECF) notice of appearance of Neah Huynh for Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan. Date of service: 03/27/2019. (Party previously proceeding without counsel: No) [11244488] [19-15006] (Huynh, Neah) [Entered: 03/27/2019 04:38 PM] |
| Filing 11 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan Unopposed Motion to extend time to file Opening brief until 05/23/2019. Date of service: 03/27/2019. [11244449] [19-15006] (Parkman, Yevgeniy) [Entered: 03/27/2019 04:25 PM] |
| Filing 10 Received copy of amended notice of appeal from district court., filed 1/28/19 [11170987] (CW) [Entered: 01/29/2019 11:13 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: FG): In addition to all other issues the parties wish to raise in their briefs, the parties shall address the basis of this courts jurisdiction over this appeal. The previously established briefing schedule remains in effect. [11152041] (AF) [Entered: 01/14/2019 01:45 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11152039] (VS) [Entered: 01/14/2019 01:45 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 01/09/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11147730] (AD) [Entered: 01/09/2019 06:44 PM] |
| Filing 6 Filed (ECF) Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan Mediation Questionnaire. Date of service: 01/09/2019. [11147479] [19-15006] (Parkman, Yevgeniy) [Entered: 01/09/2019 03:58 PM] |
| Filing 5 Terminated Edward Patrick Sangster for Winifred Williams, Joseph Roy, David McKay, David J Heroux and Ralph Coleman in 19-15006 [11139820] (CW) [Entered: 01/03/2019 09:28 AM] |
| Filing 4 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Edward Patrick Sangster for Appellees Ralph Coleman, David J Heroux, David McKay, Joseph Roy and Winifred Williams. Party proceeding without counsel: No. Date of service: 01/03/2019. [11139805] [19-15006] (Sangster, Edward) [Entered: 01/03/2019 09:23 AM] |
| Filing 3 Attorney Kyle Lewis substituted by Attorney Yevgeniy Mikhail Parkman in 19-15006 [11139615] (CW) [Entered: 01/03/2019 07:08 AM] |
| Filing 2 Filed (ECF) notice of appearance of Yevgeniy Mikhail Parkman for Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan. Substitution for Attorney Mr. Kyle Lewis for Appellants Pamela Ahlin, Edmund G. Brown, Jr., Michael Cohen and Scott Kernan. Date of service: 01/02/2019. (Party previously proceeding without counsel: No) [11139405] [19-15006] (Parkman, Yevgeniy) [Entered: 01/02/2019 04:25 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/09/2019. Transcript ordered by 01/28/2019. Transcript due 02/26/2019. Appellants Pamela Ahlin, Edmund G. Brown Jr., Michael Cohen and Scott Kernan opening brief due 04/08/2019. Appellees Ralph Coleman, David J Heroux, David McKay, Joseph Roy and Winifred Williams answering brief due 05/08/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11139045] (RT) [Entered: 01/02/2019 02:32 PM] |
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