Adam Sernas v. Cantrell, et al
| COLLARS, CO 4 at ASPC Lewis/Barchey Unit, JIMENEZ, Sgt., CANTRELL, Deputy Warden, WILLIS, CO 3, BAKER, Captain, GONZALEZ, Shift Sgt. at ASPC Lewis/Barchey Unit, PALMER, SSU and GALVAN, Assistant Deputy Warden |
| ADAM BERNARD SERNAS |
| MARK BRNOVICH, Attorney General |
| 19-17610 |
| December 31, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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Filing 41
MANDATE ISSUED.(JSB, DAB and KC) [12145487] (DJV) [Entered: 06/16/2021 07:09 AM]
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Filing 40
FILED MEMORANDUM DISPOSITION WITH PARTIAL DISSENT (JAY S. BYBEE, DANIEL A. BRESS and KATHLEEN CARDONE) AFFIRMED IN PART, REVERSED IN PART, and REMANDED. FILED AND ENTERED JUDGMENT. [12123236] (JN) [Entered: 05/25/2021 08:04 AM]
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Filing 39
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/ [12113249] (BG) [Entered: 05/14/2021 11:41 AM]
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Filing 38
ARGUED AND SUBMITTED TO JAY S. BYBEE, DANIEL A. BRESS and KATHLEEN CARDONE. [12112009] (BG) [Entered: 05/13/2021 12:45 PM]
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Filing 37
Filed (ECF) Acknowledgment of hearing notice by Attorney Curt Cutting for Appellant Adam Bernard Sernas. Hearing in Pasadena on 05/13/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: YES. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/12/2021. [12070655] [19-17610] (Cutting, Curt) [Entered: 04/12/2021 11:36 AM]
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Filing 36
Filed (ECF) Acknowledgment of hearing notice by Attorney Michael E. Gottfried for Amicus Curiae Mr. Mark Brnovich. Hearing in Pasadena on 05/13/2021 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/31/2021. [12059378] [19-17610] (Gottfried, Michael) [Entered: 03/31/2021 11:11 AM]
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Filing 35
Received 6 paper copies of Reply Brief [ # 33 ] filed by Adam Bernard Sernas. (sent to panel) [12042879] (SD) [Entered: 03/16/2021 11:52 AM]
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Filing 34
Filed clerk order: The reply brief [ # 33 ] submitted by Adam Bernard Sernas is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12040049] (SML) [Entered: 03/12/2021 04:01 PM]
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Filing 33
Submitted (ECF) Reply Brief for review. Submitted by Appellant Adam Bernard Sernas. Date of service: 03/12/2021. [12039639] [19-17610] (Kressel, Mark) [Entered: 03/12/2021 01:27 PM]
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Filing 32
Notice of Oral Argument on Thursday, May 13, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, May 13, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12018926]. [19-17610] (KS) [Entered: 02/28/2021 06:10 AM]
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Filing 31
Received 3 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by Amicus Curiae Mr. Mark Brnovich. [11996178] (KWG) [Entered: 02/08/2021 01:37 PM]
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Filing 30
Received 6 paper copies of Amicus Brief [ # 25 ] filed by Mr. Mark Brnovich. [11995924] (SD) [Entered: 02/08/2021 11:42 AM]
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Filing 29
Filed clerk order (Deputy Clerk: AF): The motion of Amicus Curiae Arizona Attorney General for an additional fourteen days to file paper copies of its Amicus Curiae Brief and Supplemental Excerpt of Record (Dkt. [ # 28 ]) is granted. The deadline for filing the paper copies is February 17, 2021. [11992388] (AF) [Entered: 02/04/2021 09:14 AM]
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Filing 28
Filed (ECF) Amicus Curiae Mr. Mark Brnovich Motion to extend time to comply with the order dated 02/03/2021. Date of service: 02/03/2021. [11990952] [19-17610] (Gottfried, Michael) [Entered: 02/03/2021 09:43 AM]
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Filing 27
Filed clerk order: The amicus brief [ # 25 ] submitted by Mark Brnovich is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: green. The supplemental excerpts of record [ # 26 ] submitted by Mark Brnovich are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11983714] (LA) [Entered: 01/27/2021 03:50 PM]
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Filing 26
Submitted (ECF) supplemental excerpts of record. Submitted by Amicus Curiae Mr. Mark Brnovich. Date of service: 01/26/2021. [11982529] [19-17610] (Gottfried, Michael) [Entered: 01/26/2021 05:20 PM]
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Filing 25
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Amicus Curiae Mark Brnovich, Attorney General for the State of Arizona. Date of service: 01/26/2021. [11980998] [19-17610]--[COURT UPDATE: Attached corrected brief, removed excerpts (resubmitted in entry [ # 26 ]), updated docket text to clarify party filer. 01/27/2021 by LA] (Gottfried, Michael) [Entered: 01/26/2021 07:21 AM]
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Filing 24
Filed (ECF) Attorney Mr. Mark Andrew Kressel, Esquire for Appellant Adam Bernard Sernas response to notice for case being considered for oral argument. Date of service: 01/15/2021. [11965114] [19-17610] (Kressel, Mark) [Entered: 01/15/2021 09:23 AM]
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Filing 23
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for May 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11962705]. [19-17610] (AW) [Entered: 01/13/2021 03:11 PM]
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Filing 22
Filed clerk order (Deputy Clerk: KD): This appeal is in the Ninth Circuit Pro Bono Program. The courts May 27, 2020 order expedited this appeal and ordered the appeal be calendared for oral argument during the month of May 2021. Counsel were advised that extensions of time for briefing would not be entertained absent a showing of extraordinary and compelling circumstances. See Docket Entry No. [ # 11 ]. Amicus curiaes unopposed motion for an extension of time to file the amicus curiae brief (Docket Entry No. [ # 21 ]) is nonetheless granted. The opening brief has been filed. The amicus curiae brief is due January 26, 2021 and the optional reply brief remains due March 15, 2021. This appeal remains calendared for oral argument during the month of May 2021. [11949151] (AF) [Entered: 12/30/2020 04:08 PM]
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Filing 21
Filed (ECF) Amicus Curiae Mr. Mark Brnovich Motion to extend time to file Amicus brief until 01/26/2021. Date of service: 12/23/2020. [11938436] [19-17610] (Gottfried, Michael) [Entered: 12/23/2020 01:32 PM]
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Filing 20
Streamlined request [19] by Amicus Curiae Mr. Mark Brnovich to extend time to file the brief is not approved per court order filed 5/27/2020. See Docket [11]. Counsel are advised this appeal has been expedited and extensions of time for briefing will not be granted absent a showing of extraordinary and compelling circumstances. Appellate ECF requests for streamlined or automatic extensions of time will not be granted, and any such relief must be requested in a written motion pursuant to Ninth Circuit Rule 31-2.2(b). [11936479] (DLM) [Entered: 12/22/2020 10:15 AM]
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Filing 19
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Amicus Curiae Mr. Mark Brnovich. New requested due date is 02/11/2021. [11936319] [19-17610] (Gottfried, Michael) [Entered: 12/22/2020 09:26 AM]
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Filing 18
Received 6 paper copies of Opening Brief [ # 14 ] filed by Adam Bernard Sernas. [11894754] (SD) [Entered: 11/16/2020 04:21 PM]
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Filing 17
Received 3 paper copies of excerpts of record [ # 15 ] in 2 volume(s) filed by Appellant Adam Bernard Sernas. [11894062] (KWG) [Entered: 11/16/2020 12:17 PM]
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Filing 16
Filed clerk order: The opening brief [ # 14 ] submitted by Adam Bernard Sernas is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 15 ] submitted by Adam Bernard Sernas are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11892334] (KWG) [Entered: 11/13/2020 01:03 PM]
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Filing 15
Submitted (ECF) excerpts of record. Submitted by Appellant Adam Bernard Sernas. Date of service: 11/13/2020. [11892052] [19-17610] (Kressel, Mark) [Entered: 11/13/2020 11:09 AM]
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Filing 14
Submitted (ECF) Opening Brief for review. Submitted by Appellant Adam Bernard Sernas. Date of service: 11/13/2020. [11892035] [19-17610] (Kressel, Mark) [Entered: 11/13/2020 11:06 AM]
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Filing 13
Filed (ECF) Appellant Adam Bernard Sernas client authorization form for representation by law students. Date of service: 10/23/2020. [11870024] [19-17610] (Kressel, Mark) [Entered: 10/23/2020 12:58 PM]
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Filing 12
Filed (ECF) student, supervisor and dean certifications for law students Kelly Shea Delvac; Gage Eller under the supervision of Mark Kressel. (Party Appellant Adam Bernard Sernas) Date of service: 08/31/2020. [11807908] [19-17610] (Kressel, Mark) [Entered: 08/31/2020 01:39 PM]
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Filing 11
Filed clerk order (Deputy Clerk: KD): Pursuant to this courts February 20, 2020 order, Mark A. Kressel, Esq., Curt Cutting, Esq., and the Pepperdine University School of Law, are hereby appointed to represent appellant for purposes of this appeal only. The Clerk shall amend the docket to reflect that Mark A. Kressel, Esq., and Curt Cutting, Esq., Horvitz & Levy LLP, 3601 West Olive Ave., 8th Fl., Burbank, CA 91505, Email: mkressel@horvitzlevy.com, ccutting@horvitzlevy.com, are pro bono counsel of record for appellant. Briefing shall proceed as follows: the opening brief is due November 13, 2020; the amicus curiae brief is due January 12, 2021; and the optional reply brief is due March 15, 2021. This appeal shall be calendared for oral argument during the month of May 2021. Counsel are advised this appeal has been expedited and extensions of time for briefing will not be granted absent a showing of extraordinary and compelling circumstances. Appellate ECF requests for streamlined or automatic extensions of time will not be granted, and any such relief must be requested in a written motion pursuant to Ninth Circuit Rule 31-2.2(b). The Clerk shall serve this order on appellant, as well as on all counsel. If appellant objects to the courts appointment of counsel in this appeal, appellant shall file a written objection within 14 days after the date of this order. [11703079] (AF) [Entered: 05/27/2020 04:59 PM]
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Filing 10
Entered appearance of Amicus Curiae Mark Brnovich. [11626739] (HH) [Entered: 03/11/2020 04:12 PM]
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Filing 9
Filed (ECF) Non Party Arizona Attorney General Mark Brnovich response to Court order dated 02/20/2020. Includes notice of limited appearance. Date of service: 03/11/2020. [11626642] [19-17610] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 3/11/2020 by TYL] (Gottfried, Michael) [Entered: 03/11/2020 03:26 PM]
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| Filing 8 A copy of 2/20/2020 order [ # 7 ] was served on Mr. Mark Brnovich, Arizona Attorney General's Office, 2005 N. Central Avenue, Phoenix, AZ 85004, via U.S. Mail. [11603771] (AF) [Entered: 02/20/2020 03:26 PM] |
| Filing 7 Filed order (Appellate Commissioner): Upon review of the record, this court has determined that the appointment of pro bono counsel in this appeal would benefit the courts review. The motion for appointment of counsel (Docket Entry No. [ # 2 ]) is granted. The court by this order expresses no opinion as to the merits of this appeal. The Clerk shall enter an order appointing pro bono counsel to represent appellant for purposes of this appeal only, and establishing a revised briefing schedule. The appeal is stayed pending further order of this court. The Clerk shall serve this order on the Attorney General for the State of Arizona, who is requested either to enter an appearance in this appeal for the purpose of filing a brief and participating at oral argument, or to file an amicus curiae brief and to appear for oral argument. The attorney general is requested to notify this court in writing within 21 days after the date of this order whether the attorney general will appear on behalf of appellees or as amicus curiae. [11603762] (AF) [Entered: 02/20/2020 03:24 PM] |
| Filing 6 Received original and 7 copies of Appellant Adam Bernard Sernas opening brief of 27 pages (Informal: Yes). Served on 01/24/2020. Major deficiency: briefing is stayed (motion to appoint counsel pending). [11598057] (LA) [Entered: 02/14/2020 12:20 PM] |
| Filing 5 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner completed authorization fee order. [11574935] (CKP) [Entered: 01/27/2020 11:11 AM] |
| Filing 4 Received PLRA authorization response from appellant. Dated 01/15/2020. [Case Number 19-17610: Partially Paid] [11569562] (CW) [Entered: 01/22/2020 09:27 AM] |
| Filing 3 CLERK ORDER FILED (Deputy Clerk CKP) Prisoner fee authorization form sent to prisoner. [11556186] (CKP) [Entered: 01/09/2020 10:25 AM] |
| Filing 2 Filed Appellant Adam Bernard Sernas motion to appoint counsel. Deficiencies: None. Served on 12/25/2019. [11549701] (CW) [Entered: 01/03/2020 07:02 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Adam Bernard Sernas opening brief due 02/28/2020. (No appearance for Appellees, no answering brief deadlines set) [11548030] (HC) [Entered: 12/31/2019 01:52 PM] |
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