Wayne Spindler v. City of Los Angeles, et al
| HUGO S. ROSSITTER, in his individual and official capacity as employee of the Los Angeles City Attorneys Office, CITY OF LOS ANGELES, HERMAN J. WESSON, Jr., in his individual and official capacity as President of the Los Angles City Council, DOES, 1 to 10, ERIC M. READE, LAPD Detective and head of the elite TMU or Threat Management Unit and NELLY NAVA-MERCARDO, LAPD Detective |
| WAYNE SPINDLER |
| 19-55665 |
| June 11, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 17 Filed order (Deputy Clerk: OC) The parties joint motion to dismiss this appeal is GRANTED, and the appeal is dismissed with prejudice. See Fed. R. App. P. 42(b). A copy of this order shall serve as and for the mandate of this court. IT IS SO ORDERED. [11662194] (OC) [Entered: 04/15/2020 03:46 PM] |
| Filing 16 Filed (ECF) Appellees City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr. Joint Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 04/15/2020. [11661668] [19-55665] (Scherb, Matthew) [Entered: 04/15/2020 10:59 AM] |
| Filing 15 Filed clerk order (Deputy Clerk: KJC): NOTICE REGARDING SCHEDULED ORAL ARGUMENTS In light of the current health emergency and Center for Disease Control guidelines, the Court will not be holding oral arguments in Courtroom 1 of the Richard R. Chambers United States Courthouse in Pasadena during the week of May 11 to 15, 2020. Some cases may be submitted on the briefs. Others will be rescheduled. Orders will be issued in each individual case in due course.[11639933] [16-70028, 17-72405, 19-55332, 19-55665, 19-55103, 19-55709] (KJC) [Entered: 03/24/2020 10:43 AM] |
| Filing 14 Notice of Oral Argument on Tuesday, May 12, 2020 - 09:30 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (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 Tuesday, May 12, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11613802]. [Array, 19-55665] (AW) [Entered: 03/01/2020 06:09 AM] |
| Filing 13 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for May 2020 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).[11561243]. [19-55665] (AW) [Entered: 01/14/2020 10:02 AM] |
| Filing 11 Received 6 paper copies of Answering Brief [ # 8 ] filed by City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr.. [11532751] (RG) [Entered: 12/16/2019 08:39 AM] |
| Filing 12 Received 3 paper copies of supplemental excerpts of record [ # 9 ] in 1 volume(s) filed by Appellees. [11534096] (SML) [Entered: 12/16/2019 03:50 PM] |
| Filing 10 Filed clerk order: The answering brief [ # 8 ] submitted by appellees 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: red. The supplemental excerpts of record [ # 9 ] submitted by appellees 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. [11527585] (SML) [Entered: 12/10/2019 02:52 PM] |
| Filing 9 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr.. Date of service: 12/09/2019. [11526234] [19-55665] (Scherb, Matthew) [Entered: 12/09/2019 04:01 PM] |
| Filing 8 Submitted (ECF) Answering Brief for review. Submitted by Appellees City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr.. Date of service: 12/09/2019. [11526217] [19-55665] (Scherb, Matthew) [Entered: 12/09/2019 03:55 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 6 ]) for an extension of time to file the answering brief is granted. The answering brief is due December 9, 2019. The optional reply brief is due within 21 days after service of the answering brief. [11450513] (JBS) [Entered: 10/01/2019 03:30 PM] |
| Filing 6 Filed (ECF) Appellees City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr. Motion to extend time to file Answering brief until 12/09/2019. Date of service: 09/27/2019. [11446331] [19-55665] (Scherb, Matthew) [Entered: 09/27/2019 12:46 PM] |
| Filing 5 Attorney Ruth Kwon substituted by Attorney Matthew Alex Scherb. [11443668] (RL) [Entered: 09/25/2019 02:22 PM] |
| Filing 4 Filed (ECF) notice of appearance of Matthew A. Scherb (Los Angeles City Attorney's Office) for Appellees City of Los Angeles, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr.. Substitution for Attorney Ruth Kwon, Esquire for Appellees City of Los Angeles, Does, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson, Jr.. Date of service: 09/25/2019. (Party previously proceeding without counsel: No) [11443628] [19-55665] (Scherb, Matthew) [Entered: 09/25/2019 02:13 PM] |
| Filing 3 Filed original and 0 copies of Appellant Wayne Spindler (Informal: Yes) opening brief of 10 pages. Served on 09/09/2019. [11432919] (SML) [Entered: 09/16/2019 02:57 PM] |
| Filing 2 Streamlined request by Appellant Wayne Spindler to extend time to file the brief is approved. Amended briefing schedule: Appellant Wayne Spindler opening brief due 09/09/2019. Appellees City of Los Angeles, Does, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson Jr. answering brief due 10/09/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11394556] (JN) [Entered: 08/12/2019 02:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Wayne Spindler opening brief due 08/09/2019. Appellees City of Los Angeles, Does, Nelly Nava-Mercardo, Eric M. Reade, Hugo S. Rossitter and Herman J. Wesson Jr. answering brief due 09/09/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11326739] (HC) [Entered: 06/11/2019 11:58 AM] |
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| Defendant / appellee: HUGO S. ROSSITTER, in his individual and official capacity as employee of the Los Angeles City Attorneys Office | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Defendant / appellee: CITY OF LOS ANGELES | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Defendant / appellee: HERMAN J. WESSON, Jr., in his individual and official capacity as President of the Los Angles City Council | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Defendant / appellee: DOES, 1 to 10 | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Defendant / appellee: ERIC M. READE, LAPD Detective and head of the elite TMU or Threat Management Unit | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Defendant / appellee: NELLY NAVA-MERCARDO, LAPD Detective | |
| Represented By: | Ruth Kwon Esquire |
| Represented By: | Matthew Alex Scherb |
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| Plaintiff / appellant: WAYNE SPINDLER | |
| Represented By: | Wayne Spindler |
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