State of Hawaii Department of v. United States Marine Corps
| UNITED STATES MARINE CORPS, by and through General Robert B. Neller, Incumbent Commandant of the Marine Corps, in his official capacity |
| STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES, Division of Vocational Rehabilitation, Hoopono-Services for the Blind |
| THE SEVERSON GROUP, LLC |
| 19-17092 |
| October 22, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 8 Filed clerk order (Deputy Clerk: AC): This appeal challenges the district courts August 21, 2019 preliminary injunction order. A review of the record reflects that the district court entered judgment on October 1, 2019, and that appellant has appealed that judgment in appeal No. 19-17405. Under the doctrine of merger, [o]nce an order of permanent injunction is entered, the preliminary injunction merges with it and appeal may be had only from the order of permanent injunction. Burbank-Glendale-Pasadena Airport Auth. v. City of Los Angeles, 979 F.2d 1338, 1340 n.1 (9th Cir. 1992). Final judgment has the same effect as a permanent injunction on a preliminary injunction appeal. See Evans v. Shoshone-Bannock Land Use Policy Commn, 736 F.3d 1298, 1301 n.4 (9th Cir. 2013) (The district courts denial of Evans motion for a preliminary injunction merged into the final judgment.). Accordingly, within 21 days after the date of this order, appellant shall voluntarily dismiss this appeal or show cause why it should not be dismissed as merged. See SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (dismissing an appeal from an order denying a motion for preliminary injunction as merged); see also Planned Parenthood Arizona Inc. v. Betlach, 727 F.3d 960, 963 (9th Cir. 2013) (The district courts entry of final judgment and a permanent injunction moots Arizonas appeal of the preliminary injunction. . . . We therefore dismiss that appeal . . . and consider here only Arizonas appeal of the summary judgment order and permanent injunction.). If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended in this appeal pending further order of the court. [11521603] (RT) [Entered: 12/04/2019 04:43 PM] |
| Filing 7 Terminated Heidi M. Rian for State of Hawaii Department of Human Services in 19-17092, State of Hawaii Department of Human Services in 19-17393 and State of Hawaii Department of Human Services in 19-17405 (counsel contact information no longer valid, account suspended) [11514831] [19-17092, 19-17393, 19-17405] (ASW) [Entered: 11/27/2019 12:35 PM] |
| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from 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. [11507823] (LW) [Entered: 11/21/2019 03:41 PM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 11/21/2019, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11484834] (LW) [Entered: 10/31/2019 12:02 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 10/30/2019. 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.[11484175][19-17092] (AD) [Entered: 10/30/2019 06:44 PM] |
| Filing 3 Filed (ECF) Appellant The Severson Group, LLC Mediation Questionnaire. Date of service: 10/30/2019. [11484091] [19-17092] (Feinberg, Matthew) [Entered: 10/30/2019 04:50 PM] |
| Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11484005] (MS) [Entered: 10/30/2019 04:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant The Severson Group, LLC Mediation Questionnaire due on 10/29/2019. Transcript ordered by 11/20/2019. Transcript due 12/20/2019. Appellant The Severson Group, LLC opening brief due 01/29/2020. Appellees State of Hawaii Department of Human Services and United States Marine Corps answering brief due 02/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11472960] (RT) [Entered: 10/22/2019 11:55 AM] |
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| Defendant / appellee: UNITED STATES MARINE CORPS, by and through General Robert B. Neller, Incumbent Commandant of the Marine Corps, in his official capacity | |
| Represented By: | Edric Ming-Kai Ching |
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| Plaintiff / appellee: STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES, Division of Vocational Rehabilitation, Hoopono-Services for the Blind | |
| Represented By: | Heidi M. Rian |
| Represented By: | Lori Hideyo Wada |
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| Not yet classified: THE SEVERSON GROUP, LLC | |
| Represented By: | Matthew Feinberg |
| Represented By: | Anna Elento-Sneed Esquire |
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