In re: USA v. James Larkin, et al
| JOHN BRUNST, Real Party in Interest Defendant, MICHAEL LACEY, Real Party in Interest Defendant, JAMES LARKIN, Real Party in Interest Defendant and SCOTT SPEAR, Real Party in Interest Defendant |
| In re: ANY AND ALL FUNDS HELD IN REPUBLIC BANK OF ARIZONA ACCOUNTS XXXX1889, XXXX2592, XXXX1938, XXXX2912, AND XXXX2500 |
| UNITED STATES OF AMERICA |
| REASON FOUNDATION, CATO INSTITUTE and DKT LIBERTY PROJECT |
| 19-56510 |
| December 26, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 26 Filed (ECF) Appellants John Brunst, Michael Lacey, James Larkin and Scott Spear response opposing motion ([ # 24 ] Motion (ECF Filing), [ # 24 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 02/21/2020. [11605356] [19-56510] (Corn-Revere, Robert) [Entered: 02/21/2020 04:30 PM] |
| Filing 25 Added Attorney(s) L. Ashley Aull for party(s) Appellee USA, in case 19-56510. [11604500] (TYL) [Entered: 02/21/2020 10:06 AM] |
| Filing 24 Filed (ECF) Appellee USA Motion to dismiss for lack of jurisdiction. Date of service: 02/11/2020. [11593157] [19-56510] (Kucera, John) [Entered: 02/11/2020 12:09 PM] |
| Filing 23 Added Attorney(s) James Grant, Robert Corn-Revere, Ronald London for party(s) Appellant James Larkin Appellant Michael Lacey, in case 19-56510. [11588204] (CW) [Entered: 02/06/2020 01:48 PM] |
| Filing 22 Filed (ECF) notice of appearance of James Grant (Davis Wright Tremaine LLP, 920 Fifth Avenue, Suite 3300, Seattle WA, 98104) for Appellants Michael Lacey and James Larkin. Date of service: 02/06/2020. (Party was previously proceeding with counsel.) [11588158] [19-56510] (London, Ronald) [Entered: 02/06/2020 01:41 PM] |
| Filing 21 Filed (ECF) notice of appearance of Ronald London (Davis Wright Tremaine LLP, 1919 Pennsylvania Avenue NW, Suite 800, Washington, DC 20006) for Appellants Michael Lacey and James Larkin. Date of service: 02/06/2020. (Party was previously proceeding with counsel.) [11588115] [19-56510] (London, Ronald) [Entered: 02/06/2020 01:26 PM] |
| Filing 20 Filed (ECF) notice of appearance of Robert Corn-Revere (Davis Wright Tremaine LLP, 1919 Pennsylvania Avenue, NW, Suite 800, Washington, DC 20006) for Appellants James Larkin and Michael Lacey. Date of service: 02/06/2020. (Party was previously proceeding with counsel.) [11588072] [19-56510] (Corn-Revere, Robert) [Entered: 02/06/2020 01:10 PM] |
| Filing 19 Filed (ECF) Appellants John Brunst, Michael Lacey, James Larkin and Scott Spear Motion to assign case to prior panel. Date of service: 01/31/2020. [11581523] [19-56510] (Corn-Revere, Robert) [Entered: 01/31/2020 04:14 PM] |
| Filing 18 Filed clerk order: The amicus brief [ # 16 ] submitted by DKT Liberty Project, Cato Institute, and Reason Foundation is filed. No paper copies are required at this time. [11581485] (LA) [Entered: 01/31/2020 03:54 PM] |
| Filing 17 Entered appearance of Amici Curiae DKT Liberty Project, Cato Institute, and Reason Foundation. [11581482] (LA) [Entered: 01/31/2020 03:53 PM] |
| Filing 16 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The DKT Liberty Project, Cato Institute, and Reason Foundation. Date of service: 01/28/2020. [11576818] [19-56510] (Amunson, Jessica) [Entered: 01/28/2020 02:07 PM] |
| Filing 15 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. [11571753] (CL) [Entered: 01/23/2020 11:47 AM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] and excerpts of record [ # 13 ] submitted by appellants are filed. No paper copies are required at this time. [11570173] (KT) [Entered: 01/22/2020 11:51 AM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants John Brunst, Michael Lacey, James Larkin and Scott Spear. Date of service: 01/21/2020. [11569213] [19-56510] (Corn-Revere, Robert) [Entered: 01/21/2020 05:38 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellants John Brunst, Michael Lacey, James Larkin and Scott Spear. Date of service: 01/21/2020. [11569204] [19-56510] (Corn-Revere, Robert) [Entered: 01/21/2020 05:32 PM] |
| Filing 11 Added Attorney(s) Andrew C. Stone, Kevin Michael Rapp, Peter S. Kozinets for party(s) Appellee USA, in case 19-56510. [11568575] (CW) [Entered: 01/21/2020 02:15 PM] |
| Filing 10 Filed (ECF) notice of appearance of Kevin M. Rapp (U.S. Attorney's Office, Two Renaissance Square, 40 N. Central Ave., Suite 1800, Phoenix, Arizona 85004-4449) for Appellee USA. Date of service: 01/21/2020. (Party was previously proceeding with counsel.) [11568241] [19-56510] (Rapp, Kevin) [Entered: 01/21/2020 12:37 PM] |
| Filing 9 Filed (ECF) notice of appearance of Andrew C. Stone (U.S. Attorney's Office, Two Renaissance Square, 40 N. Central Ave., Suite 1800, Phoenix, Arizona 85004-4449) for Appellee USA. Date of service: 01/21/2020. (Party was previously proceeding with counsel.) [11568238] [19-56510] (Stone, Andrew) [Entered: 01/21/2020 12:35 PM] |
| Filing 8 Filed (ECF) notice of appearance of Peter S. Kozinets (U.S. Attorney's Office, Two Renaissance Square, 40 N. Central Ave., Suite 1800, Phoenix, Arizona 85004-4449) for Appellee USA. Date of service: 01/21/2020. (Party was previously proceeding with counsel.) [11568235] [19-56510] (Kozinets, Peter) [Entered: 01/21/2020 12:33 PM] |
| Filing 7 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/21/2020, 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... [11553450] (CL) [Entered: 01/07/2020 12:29 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 12/30/2019. 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.[11547322]. [19-56510] (AD) [Entered: 12/30/2019 06:44 PM] |
| Filing 5 Filed (ECF) Appellants John Brunst, Michael Lacey, James Larkin and Scott Spear Correspondence: No transcript will be submitted. Date of service: 12/30/2019 [11546602] [19-56510] (Corn-Revere, Robert) [Entered: 12/30/2019 01:09 PM] |
| Filing 4 Filed (ECF) Appellants Michael Lacey, James Larkin, John Brunst and Scott Spear Mediation Questionnaire. Date of service: 12/30/2019. [11546587] [19-56510] (Corn-Revere, Robert) [Entered: 12/30/2019 01:03 PM] |
| Filing 3 Terminated Whitney Z. Bernstein for John Brunst, Michael Lacey and Scott Spear in 19-56510, Thomas H. Bienert Jr. for John Brunst, Michael Lacey and Scott Spear in 19-56510, Paul John Cambria Jr. for John Brunst, James Larkin and Scott Spear in 19-56510, Robert Corn-Revere for John Brunst and Scott Spear in 19-56510, Bruce Feder for John Brunst, Michael Lacey and James Larkin in 19-56510, James Grant for John Brunst and Scott Spear in 19-56510, Gary S. Lincenberg for Michael Lacey, James Larkin and Scott Spear in 19-56510, Ariel A. Neuman for Michael Lacey, James Larkin and Scott Spear in 19-56510, Gopi Krishna Panchapakesan for Michael Lacey, James Larkin and Scott Spear in 19-56510, Erin McCampbell Paris for Scott Spear in 19-56510 [11546327] (TYL) [Entered: 12/30/2019 11:08 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: AT): The appeal filed December 24, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 21, 2020; the answering brief is due February 18, 2020, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11545093] (AF) [Entered: 12/27/2019 11:04 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11544314] (RT) [Entered: 12/26/2019 01:23 PM] |
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