E.J.D.-B., et al v. DOS, et al
Defendant / Appellant: MICHAEL POMPEO, US Secretary of State Successor Rex W. Tillerson and UNITED STATES DEPARTMENT OF STATE
Plaintiff / Appellee: E. J. D.-B., a Minor, Elad Dvash-Banks as the guardian ad litem and ANDREW MASON DVASH-BANKS
Amicus Curiae: GLBTQ LEGAL ADVOCATES & DEFENDERS, FAMILY LAW PROFESSORS and NATIONAL CENTER FOR LESBIAN RIGHTS
Case Number: 19-55517
Filed: May 7, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
October 9, 2020 E.J.D.-B. V. DOS

Docket Report

This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2020 Filing 41 Received 3 paper copies of further excerpts of record [ # 38 ] in 1 volume(s) filed by Appellants Michael Pompeo and DOS. [11592362] (LA) [Entered: 02/10/2020 05:53 PM]
February 7, 2020 Filing 40 Received 6 paper copies of Reply Brief [ # 37 ] filed by Michael Pompeo and DOS. [11589886] (SD) [Entered: 02/07/2020 01:48 PM]
February 6, 2020 Filing 39 Filed clerk order: The reply brief [ # 37 ] submitted by Michael Pompeo and DOS 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 further excerpts of record [ # 38 ] submitted by Michael Pompeo and DOS 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. [11587714] (LA) [Entered: 02/06/2020 10:55 AM]
February 3, 2020 Filing 38 Submitted (ECF) further excerpts of record. Submitted by Appellants DOS and Michael Pompeo. Date of service: 02/03/2020. [11582552] [19-55517] (Winik, Daniel) [Entered: 02/03/2020 11:46 AM]
February 3, 2020 Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellants DOS and Michael Pompeo. Date of service: 02/03/2020. [11582547] [19-55517] (Winik, Daniel) [Entered: 02/03/2020 11:43 AM]
December 27, 2019 Filing 36 Received 6 paper copies of Amicus Brief [ # 31 ] filed by Family Law Professors. [11546631] (SD) [Entered: 12/30/2019 01:22 PM]
December 26, 2019 Filing 35 Received 6 paper copies of Amicus Brief [ # 30 ] filed by GLBTQ Legal Advocates & Defenders and NCLR. [11544442] (DB) [Entered: 12/26/2019 02:25 PM]
December 23, 2019 Filing 34 Filed clerk order: The amicus brief [ # 31 ] submitted by Family Law Professors 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 paper copies shall be submitted to the principal office of the Clerk. [11542335] (LA) [Entered: 12/23/2019 01:58 PM]
December 23, 2019 Filing 33 Filed clerk order: The amicus brief [ # 30 ] submitted by GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights 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 paper copies shall be submitted to the principal office of the Clerk. [11542332] (LA) [Entered: 12/23/2019 01:57 PM]
December 23, 2019 Filing 32 Entered appearance of Amici Curiae GLBTQ Legal Advocates & Defenders, NCLR, and Family Law Professors. [11542328] (LA) [Entered: 12/23/2019 01:56 PM]
December 19, 2019 Filing 31 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Family Law Professors. Date of service: 12/19/2019. [11538993] [19-55517] (Reich, Mitchell) [Entered: 12/19/2019 04:13 PM]
December 19, 2019 Filing 30 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defender and The National Center for Lesbian Rights. Date of service: 12/19/2019. [11538906] [19-55517] (Schoenfeld, Alan) [Entered: 12/19/2019 03:31 PM]
December 19, 2019 Filing 29 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. [11538650] (LA) [Entered: 12/19/2019 01:16 PM]
December 19, 2019 Filing 28 Received 6 paper copies of Answering Brief [ # 20 ] filed by E. J. D.-B. and Andrew Mason Dvash-Banks. [11538311] (SD) [Entered: 12/19/2019 10:42 AM]
December 18, 2019 Filing 27 Received 6 paper copies of Opening Brief [ # 15 ] filed by Appellants MIchael Pompeo and DOS. [11537803] (DB) [Entered: 12/18/2019 05:01 PM]
December 18, 2019 Filing 26 Received 3 paper copies of excerpts of record [ # 16 ] in 2 volume(s) filed by Appellants Michael Pompeo and DOS. [11537633] (LA) [Entered: 12/18/2019 03:49 PM]
December 16, 2019 Filing 25 Streamlined request [24] by Appellants Michael Pompeo and DOS to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 02/03/2019. [11533884] (JN) [Entered: 12/16/2019 02:46 PM]
December 16, 2019 Filing 24 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants DOS and Michael Pompeo. New requested due date is 02/03/2020. [11532574] [19-55517] (Winik, Daniel) [Entered: 12/16/2019 05:28 AM]
December 13, 2019 Filing 23 Filed clerk order: The answering brief [ # 20 ] submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks is filed. The supplemental excerpts of record [ # 21 ] submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks are filed. The Court previously filed the opening brief [ # 15 ] and excerpts of record [ # 16 ] submitted by Appellants Michael Pompeo and DOS. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11531708] (LA) [Entered: 12/13/2019 12:13 PM]
December 12, 2019 Filing 22 Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks Motion to take judicial notice of briefs in prior appeals. Date of service: 12/12/2019. [11530882] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 05:19 PM]
December 12, 2019 Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 12/12/2019. [11530863] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 05:03 PM]
December 12, 2019 Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 12/12/2019. [11530855] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 04:57 PM]
October 23, 2019 Filing 19 Streamlined request [18] by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks to extend time to file the brief is approved. Amended briefing schedule: Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 12/12/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11475403] (DLM) [Entered: 10/23/2019 04:31 PM]
October 23, 2019 Filing 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. New requested due date is 12/12/2019. [11475305] [19-55517] (Lawson-Remer, Alexa) [Entered: 10/23/2019 03:56 PM]
October 11, 2019 Filing 17 Filed clerk order: The opening brief [ # 15 ] and excerpts of record [ # 16 ] submitted by Michael Pompeo and DOS are filed. No paper copies are required at this time. [11462735] (LA) [Entered: 10/11/2019 04:37 PM]
October 11, 2019 Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants DOS and Michael Pompeo. Date of service: 10/11/2019. [11462418] [19-55517] (Winik, Daniel) [Entered: 10/11/2019 03:09 PM]
October 11, 2019 Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants DOS and Michael Pompeo. Date of service: 10/11/2019. [11462377] [19-55517] (Winik, Daniel) [Entered: 10/11/2019 02:56 PM]
August 1, 2019 Filing 14 Filed clerk order (Deputy Clerk: th): Granting Appellants' Unopposed Motion [ # 13 ] (ECF Filing) to extend time to file the opening brief. Appellants Michael Pompeo and United States Department of State opening brief due 10/11/2019. Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 11/12/2019. The optional reply brief is due 21 days after service of the answering brief. [11384050] (TH) [Entered: 08/01/2019 11:37 AM]
August 1, 2019 Filing 13 Filed (ECF) Appellants DOS and Michael Pompeo Unopposed Motion to extend time to file Opening brief until 10/11/2019. Date of service: 08/01/2019. [11383902] [19-55517] (Winik, Daniel) [Entered: 08/01/2019 10:45 AM]
July 11, 2019 Filing 12 Added Attorney(s) Daniel L. Winik for party(s) Appellant Michael Pompeo Appellant DOS, in case 19-55517. [11360655] (RR) [Entered: 07/11/2019 12:08 PM]
July 11, 2019 Filing 11 Filed (ECF) notice of appearance of Daniel Winik (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Room 7245, Washington, D.C. 20530) for Appellants DOS and Michael Pompeo. Date of service: 07/11/2019. (Party previously proceeding without counsel: No) [11360455] [19-55517] (Winik, Daniel) [Entered: 07/11/2019 11:09 AM]
June 24, 2019 Filing 10 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11341609] (VS) [Entered: 06/24/2019 08:14 AM]
June 3, 2019 Filing 9 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 06/17/2019, 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... [11316804] (VS) [Entered: 06/03/2019 09:49 AM]
May 13, 2019 Filing 8 The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296025] (AD) [Entered: 05/13/2019 06:45 PM]
May 13, 2019 Filing 7 The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296015] (AD) [Entered: 05/13/2019 06:44 PM]
May 13, 2019 Filing 6 Filed (ECF) Appellants DOS and Michael Pompeo Mediation Questionnaire. Date of service: 05/13/2019. [11295714] [19-55517] (Byron, H. Thomas) [Entered: 05/13/2019 03:40 PM]
May 13, 2019 Filing 5 Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks Mediation Questionnaire. Date of service: 05/13/2019. [11295193] [19-55517] (Edelman, Theodore) [Entered: 05/13/2019 01:33 PM]
May 13, 2019 Filing 4 Filed (ECF) notice of appearance of Theodore Edelman for Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 05/13/2019. (Party previously proceeding without counsel: No) [11294917] [19-55517] (Edelman, Theodore) [Entered: 05/13/2019 12:01 PM]
May 8, 2019 Filing 3 Added attorney H. Thomas Byron III for Michael Pompeo DOS, in case 19-55517. [11291296] (RR) [Entered: 05/08/2019 04:19 PM]
May 7, 2019 Filing 2 Filed (ECF) notice of appearance of H. Thomas Byron III for Appellants DOS and Michael Pompeo. Substitution for Attorney Vinita Andrapalliyal for Appellants Michael Pompeo and DOS. Date of service: 05/07/2019. (Party previously proceeding without counsel: No) [11290041] [19-55517] (Byron, H. Thomas) [Entered: 05/07/2019 05:28 PM]
May 7, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/14/2019. Transcript ordered by 06/05/2019. Transcript due 07/05/2019. Appellants Michael Pompeo and United States Department of State opening brief due 08/14/2019. Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 09/13/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11288947] (WL) [Entered: 05/07/2019 10:34 AM]

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Defendant / appellant: MICHAEL POMPEO, US Secretary of State Successor Rex W. Tillerson
Represented By: H. Thomas Byron III
Represented By: Vinita Andrapalliyal
Represented By: Daniel L. Winik
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Defendant / appellant: UNITED STATES DEPARTMENT OF STATE
Represented By: H. Thomas Byron III
Represented By: Vinita Andrapalliyal
Represented By: Daniel L. Winik
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Plaintiff / appellee: E. J. D.-B., a Minor, Elad Dvash-Banks as the guardian ad litem
Represented By: Theodore Edelman
Represented By: Alexa M. Lawson-Remer
Represented By: Aaron C. Morris
Represented By: Lauren Maisel Goldsmith
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Plaintiff / appellee: ANDREW MASON DVASH-BANKS
Represented By: Theodore Edelman
Represented By: Alexa M. Lawson-Remer
Represented By: Aaron C. Morris
Represented By: Lauren Maisel Goldsmith
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Amicus curiae: GLBTQ LEGAL ADVOCATES & DEFENDERS
Represented By: Alan E. Schoenfeld
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Amicus curiae: FAMILY LAW PROFESSORS
Represented By: Mitchell Reich
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Amicus curiae: NATIONAL CENTER FOR LESBIAN RIGHTS
Represented By: Alan E. Schoenfeld
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