Nancy Sussman, et al v. San Diego Police Department, et al
| HEATHER BUERGEN, Esquire, GRETHEN HELM RONAS, MEDICAL EXAMINERS OFFICE, MICHAEL PANCER, JENNIFER SIMONE, Probation Officer, MICHAEL MCCABE, CITY ATTORNEY OFFICE, JOHN D. KIRBY, GREGORY M. GARRISON, JEFF JORDAN, ALFONSO MARTINEZ, RYAN SCOTT, FRANCISCO MARTINEZ, SAN DIEGO POLICE DEPARTMENT, A.P. ZMURKEWICZ, HARBOR POLICE, US BORDER PATROL, MARA ELLIOT, KENNETH SO and CHARLES ROGER KHOURY, Jr. |
| MICHAEL SUSSMAN, Estate thereof by and thru his special administer for the estate and NANCY SUSSMAN |
| 19-56329 |
| November 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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| NANCY SUSSMAN V. SAN DIEGO POLICE DEPARTMENT |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Filing 41
MANDATE ISSUED. (AWT, BGS and JBO) [11885826] (RR) [Entered: 11/09/2020 09:16 AM]
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Filing 40
FILED MEMORANDUM (A. WALLACE TASHIMA, BARRY G. SILVERMAN and JOHN B. OWENS) All pending motions and requests are denied. AFFIRMED. FILED AND ENTERED JUDGMENT. [11824137] (MM) [Entered: 09/15/2020 10:06 AM]
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Filing 39
Received from Appellant Nancy Sussman 7 copies of 11/13/2018 transcript. Served on 08/28/2020. Sent to Records for merits panel. [11810682]--[Edited 09/02/2020 by LA to correct date of docket entry] (LA) [Entered: 09/02/2020 11:13 AM]
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Filing 38
Received 12 paper copies of the joint answering brief [ # 19 ] filed by San Diego Police Department, et al. [11808359]--[Edited number of copies received 09/01/2020 by SD] (SD) [Entered: 08/31/2020 03:53 PM]
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Filing 37
Received 3 paper copies of supplemental excerpts of record [ # 20 ] in 5 volume(s) filed by Appellees San Diego Police Department, et al. [11808317] (KWG) [Entered: 08/31/2020 03:39 PM]
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Filing 36
Received 6 paper copies of Answering Brief [ # 18 ] filed by Judge Kenneth So. [11806504] (SD) [Entered: 08/28/2020 03:14 PM]
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Filing 35
Filed clerk order: The Court previously filed the answering brief [ # 18 ] submitted by Appellee Judge Kenneth So and joint answering brief [ # 19 ] and excerpts of record [ # 20 ] submitted by Appellees San Diego Police Department, et al. 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 answering briefs must be red. Within 7 days of this order, Appellees San Diego Police Department, et al. are ordered to file 3 copies of their excerpts of record 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. [11802230] (LA) [Entered: 08/25/2020 02:00 PM]
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Filing 34
Filed Appellant Michael Sussman motion to file supplemental brief. Deficiencies: None. [11760941] (RR) [Entered: 07/21/2020 03:28 PM]
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Filing 33
Filed Appellant Nancy Sussman request for oral arguement. Deficiencies: None. Served on 07/10/2020. [11755217] (RR) [Entered: 07/16/2020 12:03 PM]
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Filing 32
Added Attorney(s) Craig Joseph Leff for party(s) Appellee Michael McCabe, in case 19-56329. [11740082] (QDL) [Entered: 07/01/2020 03:15 PM]
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Filing 31
Filed (ECF) notice of appearance of Craig J. Leff (Law Office of Craig J. Leff) for Appellee Michael McCabe. Date of service: 01/13/2020. (Party was previously proceeding pro se.) [11740065] [19-56329] (Leff, Craig) [Entered: 07/01/2020 03:09 PM]
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Filing 29
Filed original and 5 copies of Appellant Nancy Sussman (Informal: No) 3rd reply brief of 3 pages. Served on 03/24/2020. Filed with minor deficiency: not accompanied by motion to file multiple reply briefs. [11640280]--[Edited: Attached corrected PDF of the brief. 03/24/2020 by KWG]--[Edited: Updated docket text to note deficiency. 03/25/2020 by LA] (KWG) [Entered: 03/24/2020 01:29 PM]
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Filing 30
Filed original and 6 copies of Appellant Nancy Sussman 2nd reply brief of 5 pages (Informal: No). Served on 03/19/2020. Filed with minor deficiency: not accompanied by motion to file multiple reply briefs. [11641318] (LA) [Entered: 03/25/2020 10:57 AM]
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Filing 28
Received 6 paper copies of Answering Brief [ # 16 ] filed by Michael Pancer. [11635501] (SD) [Entered: 03/19/2020 02:12 PM]
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Filing 27
Received 4 paper copies of supplemental excerpts of record [ # 17 ] in 2 volume(s) filed by Appellee Michael Pancer. [11635281] (LA) [Entered: 03/19/2020 11:54 AM]
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Filing 26
Filed original and 6 copies of Appellant Nancy Sussman reply brief of 6 pages (Informal: No). Served on 03/16/2020. [11635276] (LA) [Entered: 03/19/2020 11:51 AM]
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Filing 25
Filed clerk order: The joint answering brief [ # 19 ] and excerpts of record [ # 20 ] submitted by San Diego Police Department, et al. are filed. No paper copies are required at this time. [11633494] (KT) [Entered: 03/18/2020 09:33 AM]
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Filing 24
Filed clerk order: The answering brief [ # 18 ] submitted by Judge Kenneth So is filed. No paper copies are required at this time. [11633488] (KT) [Entered: 03/18/2020 09:30 AM]
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Filing 23
Filed clerk order: The answering brief [ # 16 ] submitted by Michael Pancer 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 [ # 17 ] submitted by Michael Pancer 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. [11630291] (KT) [Entered: 03/13/2020 07:15 PM]
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Filing 22
Filed (ECF) Appellee Judge Kenneth So joinder to brief [ # 19 ] submitted by Appellees City Attorney Office, Mara Elliot, Jeff Jordan, San Diego Police Department and Ryan Scott. Date of service: 03/13/2020. [11630034] [19-56329] (Green, Matthew) [Entered: 03/13/2020 04:14 PM]
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Filing 21
Filed (ECF) Appellee Heather Buergen, Esquire joinder to brief [ # 16 ] submitted by Appellee Michael Pancer. Date of service: 03/13/2020. [11629927] [19-56329] (Bertsche, Corinne) [Entered: 03/13/2020 03:47 PM]
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Filing 20
Submitted (ECF) excerpts of record. Submitted by Appellees City Attorney Office, Mara Elliot, Jeff Jordan, Ryan Scott and San Diego Police Department. Date of service: 03/13/2020. [11629871] [19-56329]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 03/18/2020 by KT] (Guess, Steven) [Entered: 03/13/2020 03:34 PM]
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Filing 19
Submitted (ECF) Answering Brief for review. Submitted by Appellees City Attorney Office, Mara Elliot, Jeff Jordan, San Diego Police Department and Ryan Scott. Date of service: 03/13/2020. [11629848] [19-56329] (Guess, Steven) [Entered: 03/13/2020 03:27 PM]
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Filing 18
Submitted (ECF) Answering Brief for review. Submitted by Appellee Judge Kenneth So. Date of service: 03/13/2020. [11629338] [19-56329]--[COURT UPDATE: attached corrected PDF of answering brief. 03/17/2020 by KT] (Green, Matthew) [Entered: 03/13/2020 12:20 PM]
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Filing 17
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Michael Pancer. Date of service: 03/13/2020. [11629244] [19-56329] (Grebing, Charles) [Entered: 03/13/2020 11:33 AM]
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Filing 16
Submitted (ECF) Answering Brief for review. Submitted by Appellee Michael Pancer. Date of service: 03/13/2020. [11629140] [19-56329] (Grebing, Charles) [Entered: 03/13/2020 11:00 AM]
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Filing 15
Added Attorney(s) James Chortanian for party(s) Appellee A.P. Zmurkewicz, in case 19-56329. [11617037] (RR) [Entered: 03/03/2020 03:35 PM]
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Filing 14
Filed (ECF) notice of appearance of James Andrew Chortanian (DOYLE SCHAFER McMAHON, LLP, 5440 Trabuco Road, Irvine, California 92620) for Appellee A.P. Zmurkewicz. Date of service: 03/03/2020. (Party was previously proceeding with counsel.) [11616722] [19-56329] (Chortanian, James) [Entered: 03/03/2020 02:00 PM]
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Filing 13
Terminated Craig Joseph Leff for Michael McCabe in 19-56329. Attorney Leff has failed to register for electronic filing despite numerous attempts by the Clerk and has not complied with the [ # 10 ] order issued 1/22/20 [11587833] (SVG) [Entered: 02/06/2020 11:21 AM]
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Filing 11
Sent document. A copy of order [ # 10 ] was sent to counsel for appellee via U.S. Mail to: Craig Joseph Leff, Law Offices of Craig Joseph Leff, 2207 Catalina Boulevard, San Diego, CA 92107. [11570056] (OC) [Entered: 01/22/2020 11:22 AM]
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Filing 10
Filed clerk order (Deputy Clerk: SVG): The docket reflects that Craig Joseph Leff, counsel for appellee Michael McCabe, is in violation of Ninth Circuit Rule 25-5(a) because he has not registered for electronic filing in this Court despite numerous efforts by the Clerks office to get him registered. Within 14 days after the date of this order counsel Leff shall register for electronic filing in the Ninth Circuit. Instructions for registering can be found on the Courts website at https://www.ca9.uscourts.gov/cmecf/#section-registration. Failure to comply with this order will result in the termination of counsel Leff from this case, which will leave appellee McCabe unrepresented and unable to participate in the appeal or to receive any notices of filings or decisions of the Court, though appellee McCabe will be bound by any decision of the Court in this case. The Clerk shall serve this order on counsel Leff via U.S. Mail. [11570045] (OC) [Entered: 01/22/2020 11:20 AM]
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Filing 12
Filed original and 5 copies of Appellant Nancy Sussman (Informal: No) opening brief of 4 pages. Served on 01/20/2020. [11570164] (KT) [Entered: 01/22/2020 11:47 AM]
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Filing 9
Filed clerk order (Deputy Clerk: th): Granting Motion [ # 6 ] to extend time to file opening brief filed by Appellant Nancy Sussman. Appellant Nancy Sussman opening brief due 02/12/2020. Appellees' answering briefs due 03/13/2020 The appellant's optional reply brief is due within 21 days after service of the last-served answering brief. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11526823] (TH) [Entered: 12/10/2019 09:40 AM]
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Filing 8
Added Attorney(s) Corinne Bertsche for party(s) Appellee Heather Buergen, in case 19-56329. [11523057] (RR) [Entered: 12/05/2019 04:30 PM]
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Filing 7
Filed (ECF) notice of appearance of Corinne C. Bertsche (Lewis Brisbois Bisgaard & Smith LLP, 701 B Street, Suite 1900, San Diego, CA 92101) for Appellee Heather Buergen, Esquire. Date of service: 12/05/2019. (Party was previously proceeding pro se.) [11522879] [19-56329] (Bertsche, Corinne) [Entered: 12/05/2019 03:29 PM]
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Filing 6
Filed Appellant Nancy Sussman motion to extend time to file appellant opening brief. Deficiencies: None. [11521743] (RR) [Entered: 12/04/2019 05:47 PM]
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Filing 5
Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 11/21/2019. [11509007] (RT) [Entered: 11/22/2019 12:39 PM]
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Filing 4
Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [11507879] (CKP) [Entered: 11/21/2019 03:52 PM]
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Filing 3
Added Attorney(s) Alan Steven Yockelson for party(s) Appellee Charles Roger Khoury Jr., in case 19-56329. [11507168] (RR) [Entered: 11/21/2019 12:17 PM]
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Filing 2
Filed (ECF) notice of appearance of Alan Steven Yockelson (Law Office of Alan S. Yockelson, 501 W. Broadway #A-385, San Diego, California 92101) for Appellee Charles Roger Khoury, Jr.. Substitution for Party Charles Roger Khoury, Jr.. Date of service: 11/21/2019. (Party was previously proceeding pro se.) [11506676] [19-56329] (Yockelson, Alan) [Entered: 11/21/2019 09:40 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellants Michael Sussman and Nancy Sussman opening brief due 01/13/2020. Appellees Heather Buergen, City Attorney Office, Mara Elliot, Gregory M. Garrison, Harbor Police, Jeff Jordan, Charles Roger Khoury Jr., John D. Kirby, Alfonso Martinez, Francisco Martinez, Michael McCabe, Medical examiners office, Michael Pancer, Grethen Helm Ronas, San Diego Police Department, Ryan Scott, Jennifer Simone, Kenneth So, US Border Patrol and A.P. Zmurkewicz answering brief due 02/12/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11501805] (JBS) [Entered: 11/18/2019 10:15 AM]
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