William Tedards, Jr., et al v. Doug Ducey, et al
| ROSS TRUMBLE, WILLIAM PRICE TEDARDS, Jr., LAWRENCE LILIEN, MONICA WNUK and BARRY HESS |
| DOUG DUCEY, Governor of Arizona, in his official capacity and MARTHA MCSALLY |
| 19-16237 |
| June 20, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 21 Filed order (Deputy Clerk: LCC) Appellants motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [11359074] (WL) [Entered: 07/10/2019 09:51 AM] |
| Filing 20 Filed (ECF) Appellants Barry Hess, Lawrence Lilien, William Price Tedards, Jr., Ross Trumble and Monica Wnuk Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 07/09/2019. [11358329] [19-16237] (Persoon, Michael) [Entered: 07/09/2019 02:39 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LCC): A review of the district court docket and the responses to the courts June 21, 2019 order reflects that the district court has entered final judgment, and that appellants have appealed that judgment in appeal No. 19-16308. Accordingly, even if this court initially had jurisdiction over this appeal, see June 21, 2019 order to show cause, it appears that dismissal may now be required because [w]hen a case is dismissed while an appeal of an order on a preliminary injunction is pending, the preliminary injunction order merges into the final judgment. See Nationwide Biweekly Admin., Inc. v. Owen, 873 F.3d 716, 730 (9th Cir. 2017); SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361-62 (9th Cir. 1982) (dismissing appeal from order denying motion for preliminary injunction as merged with final order of dismissal); see also Bhd. of Maint. of Way Employes Div./IBT v. BNSF Ry., Inc., 834 F.3d 1071, 1076 (9th Cir. 2016) ([T]he subsequent entry of the final judgment in the case mooted the question of the procedural propriety of the preliminary injunction.). Within 7 days after the date of this order, appellants shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed. If appellants elect to show cause, a response may be filed within 7 days after service of the memorandum. To the extent any party seeks expedited review of appeal No. 19-16308, an appropriate motion may be filed in that appeal. Briefing remains suspended pending further order of the court. [11351458] (WL) [Entered: 07/02/2019 07:18 AM] |
| Filing 18 Filed (ECF) Appellants Ross Trumble, Lawrence Lilien, William Price Tedards, Jr., Barry Hess and Monica Wnuk reply to response (). Date of service: 07/01/2019. [11349801] [19-16237] (Persoon, Michael) [Entered: 07/01/2019 08:49 AM] |
| Filing 17 Filed (ECF) Appellee Doug Ducey response to order to show cause dated 06/21/2019. Date of service: 07/01/2019. [11349751] [19-16237] (Johnson, Brett) [Entered: 07/01/2019 08:25 AM] |
| Filing 16 Filed (ECF) Appellants Barry Hess, Lawrence Lilien, William Price Tedards, Jr., Ross Trumble and Monica Wnuk response to order to show cause dated 06/21/2019. Date of service: 06/28/2019. [11347991] [19-16237] (Persoon, Michael) [Entered: 06/28/2019 08:34 AM] |
| Filing 15 Filed (ECF) Appellee Doug Ducey response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to expedite case). Date of service: 06/27/2019. [11347782] [19-16237] (Johnson, Brett) [Entered: 06/27/2019 05:57 PM] |
| Filing 14 Added attorney Anni Lori Foster for Doug Ducey, in case 19-16237. [11344528] (JFF) [Entered: 06/25/2019 04:59 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: LCC): The court is in receipt of appellants motion to expedite this appeal. Briefing on the motion to expedite shall proceed as follows: the response to the motion is due at 9:00 a.m. Pacific Time on June 28, 2019; the optional reply in support of the motion is due by 9:00 a.m. Pacific Time on July 1, 2019. The schedule for the parties responses to the courts June 21, 2019 order to show cause is modified as follows: appellants response to the order is due at 9:00 a.m. Pacific Time on June 28, 2019; appellees optional response is due by 9:00 a.m. Pacific Time on July 1, 2019. [11344504] (HH) [Entered: 06/25/2019 04:46 PM] |
| Filing 12 Filed (ECF) notice of appearance of Anni L. Foster for Appellee Doug Ducey. Date of service: 06/25/2019. (Party previously proceeding without counsel: No) [11344500] [19-16237] (Foster, Anni) [Entered: 06/25/2019 04:45 PM] |
| Filing 11 Added attorney James E. Tyrrell III for Martha McSally, in case 19-16237. [11344445] (JFF) [Entered: 06/25/2019 04:26 PM] |
| Filing 10 Filed (ECF) notice of appearance of James Edward Tyrrell III for Appellee Martha McSally. Date of service: 06/25/2019. (Party previously proceeding without counsel: No) [11343513] [19-16237] (Tyrrell, James) [Entered: 06/25/2019 10:47 AM] |
| Filing 9 Added attorney Ronald M. Jacobs for Martha McSally, in case 19-16237. [11342664] (JFF) [Entered: 06/24/2019 03:30 PM] |
| Filing 8 Filed (ECF) notice of appearance of Ronald Michael Jacobs for Appellee Martha McSally. Date of service: 06/24/2019. (Party previously proceeding without counsel: No) [11342608] [19-16237] (Jacobs, Ronald) [Entered: 06/24/2019 03:21 PM] |
| Filing 7 Added attorney Michael T. Liburdi for Doug Ducey, in case 19-16237. [11342516] (JFF) [Entered: 06/24/2019 03:00 PM] |
| Filing 6 Added attorney Dominic Draye for Doug Ducey, in case 19-16237. [11342504] (JFF) [Entered: 06/24/2019 02:57 PM] |
| Filing 5 Filed (ECF) notice of appearance of Michael T. Liburdi for Appellee Doug Ducey. Date of service: 06/24/2019. (Party previously proceeding without counsel: No) [11341950] [19-16237] (Liburdi, Michael) [Entered: 06/24/2019 10:55 AM] |
| Filing 4 Filed (ECF) notice of appearance of Dominic Emil Draye for Appellee Doug Ducey. Date of service: 06/24/2019. (Party previously proceeding without counsel: No) [11341639] [19-16237] (Draye, Dominic) [Entered: 06/24/2019 08:42 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: KAM): A review of the record suggests that this court may lack jurisdiction over this appeal because there does not appear to be any order appealable under 28 U.S.C. 1292(a). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11341028] (WL) [Entered: 06/21/2019 03:24 PM] |
| Filing 2 Filed (ECF) Appellants Barry Hess, Lawrence Lilien, William Price Tedards, Jr., Ross Trumble and Monica Wnuk Motion to expedite case. Date of service: 06/21/2019. [11341015] [19-16237] (Persoon, Michael) [Entered: 06/21/2019 03:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11339523] (RT) [Entered: 06/20/2019 02:41 PM] |
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