Gilbert Hyatt, et al v. OMB, et al
| AMERICAN ASSOCIATION FOR EQUITABLE TREATMENT, INC. and GILBERT P. HYATT |
| MICK MULVANEY, in his official capacity as Director of the Office of Management and Budget and OFFICE OF MANAGEMENT AND BUDGET |
| 20-15590 |
| April 3, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
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 Hyatt v. Office of Management and Budget
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Docket Report
RSS Track this Docket
This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.
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Filing 40
MANDATE ISSUED.(JHN, MJB and MDH) [12169562] (NAC) [Entered: 07/12/2021 11:11 AM]
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Filing 39
FILED OPINION (JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL) AFFIRMED. Judge: JHN Authoring. FILED AND ENTERED JUDGMENT. [12119087] (AKM) [Entered: 05/20/2021 08:46 AM]
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Filing 38
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/ [12039065] (KAD) [Entered: 03/12/2021 09:14 AM]
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Filing 37
ARGUED AND SUBMITTED TO JACQUELINE H. NGUYEN, MARK J. BENNETT and M. DOUGLAS HARPOOL. [12032314] (KAD) [Entered: 03/11/2021 12:20 PM]
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Filing 36
Filed (ECF) Acknowledgment of hearing notice by Attorney Jennifer Utrecht for Appellees Mick Mulvaney and Office of Management and Budget. Hearing in Other (Las Vegas; remote) on 03/11/2021 at 11:00 A.M. (Courtroom: 7c). 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: 02/23/2021. [12013445] [20-15590] (Utrecht, Jennifer) [Entered: 02/23/2021 11:04 AM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Andrew M. Grossman for Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. Hearing in Other (Las Vegas NV) on 03/11/2021 at 11:00 A.M. (Courtroom: 7C). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/18/2021. [12007627] [20-15590] (Grossman, Andrew) [Entered: 02/18/2021 07:43 AM]
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Filing 34
Notice of Oral Argument on Thursday, March 11, 2021 - 11:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. 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, March 11, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11978310]. [20-15590] (AW) [Entered: 01/22/2021 02:09 PM]
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Filing 33
Notice of Oral Argument on Thursday, March 11, 2021 - 09:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. 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, March 11, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11945291]. [20-15590] (AW) [Entered: 12/27/2020 06:10 AM]
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Filing 32
Received 6 paper copies of Reply Brief [ # 28 ] filed by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. (sent to panel) [11938535] (SD) [Entered: 12/23/2020 02:21 PM]
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Filing 31
Received 3 paper copies of further excerpts of record [ # 29 ] in 1 volume(s) filed by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. [11938467] (LA) [Entered: 12/23/2020 01:49 PM]
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Filing 30
Filed clerk order: The reply brief [ # 28 ] submitted by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt 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 [ # 29 ] submitted by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt 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. [11934599] (SML) [Entered: 12/21/2020 10:37 AM]
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Filing 29
Submitted (ECF) further excerpts of record. Submitted by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. Date of service: 12/21/2020. [11934064] [20-15590] (Grossman, Andrew) [Entered: 12/21/2020 06:15 AM]
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Filing 28
Submitted (ECF) Reply Brief for review. Submitted by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. Date of service: 12/21/2020. [11934063] [20-15590] (Grossman, Andrew) [Entered: 12/21/2020 06:12 AM]
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Filing 27
Streamlined request [26] by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt to extend time to file the brief is approved. Streamlined requests allow for a 30 day extension of time to file the brief. Amended briefing schedule: the optional reply brief is due 12/20/2020. [11886160] (JN) [Entered: 11/09/2020 10:58 AM]
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Filing 26
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Gilbert P. Hyatt. New requested due date is 12/11/2020. [11885660] [20-15590] (Grossman, Andrew) [Entered: 11/09/2020 08:35 AM]
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Filing 25
Received 6 paper copies of Answering Brief [ # 20 ] filed by Mick Mulvaney and Office of Management and Budget. [11885048] (SD) [Entered: 11/06/2020 03:31 PM]
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Filing 24
This case is being considered for an upcoming oral argument calendar in Las Vegas. Please review the Las Vegas sitting dates for March 2021 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). [11884971] (KJC) [Entered: 11/06/2020 02:54 PM]
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Filing 23
Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellees Mick Mulvaney and Office of Management and Budget. [11884913] (LA) [Entered: 11/06/2020 02:34 PM]
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Filing 22
Filed clerk order: The answering brief [ # 20 ] submitted by Mick Mulvaney and Office of Management and Budget 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 [ # 21 ] submitted by Mick Mulvaney and Office of Management and Budget 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. [11878858] (SML) [Entered: 11/02/2020 12:25 PM]
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Filing 21
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Office of Management and Budget and Mick Mulvaney. Date of service: 10/30/2020. [11877900] [20-15590] (Utrecht, Jennifer) [Entered: 10/30/2020 07:22 PM]
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Filing 20
Submitted (ECF) Answering Brief for review. Submitted by Appellees Office of Management and Budget and Mick Mulvaney. Date of service: 10/30/2020. [11877899] [20-15590] (Utrecht, Jennifer) [Entered: 10/30/2020 07:18 PM]
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Filing 19
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellees Mick Mulvaney and Office of Management and Budget; Granting Motion [ # 18 ] (ECF Filing) motion to extend time to file brief filed by Appellees Mick Mulvaney and Office of Management and Budget. Appellees Mick Mulvaney and Office of Management and Budget answering brief due 10/30/2020. The optional reply brief is due 21 days after service of the answering brief. [11829103] (LKK) [Entered: 09/18/2020 11:34 AM]
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Filing 18
Filed (ECF) Appellees Office of Management and Budget and Mick Mulvaney Unopposed Motion to extend time to file Answering brief until 10/30/2020. Date of service: 09/18/2020. [11828695] [20-15590] (Utrecht, Jennifer) [Entered: 09/18/2020 08:52 AM]
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Filing 17
Streamlined request [16] by Appellees Mick Mulvaney and Office of Management and Budget to extend time to file the brief is approved. Amended briefing schedule: Appellees Mick Mulvaney and Office of Management and Budget answering brief due 09/30/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11787830] (JN) [Entered: 08/13/2020 11:44 AM]
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Filing 16
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Office of Management and Budget. New requested due date is 09/30/2020. [11787690] [20-15590] (Utrecht, Jennifer) [Entered: 08/13/2020 10:41 AM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 11 ] filed by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. [11779931] (DB) [Entered: 08/06/2020 01:24 PM]
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Filing 14
Received 3 paper copies of excerpts of record [ # 12 ] in 2 volume(s) filed by Appellant Gilbert P. Hyatt. [11779851] (KWG) [Entered: 08/06/2020 01:02 PM]
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Filing 13
Filed clerk order: The opening brief [ # 11 ] submitted by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt 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 [ # 12 ] submitted by American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt 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. [11775682] (SML) [Entered: 08/03/2020 04:17 PM]
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Filing 12
Submitted (ECF) excerpts of record. Submitted by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. Date of service: 07/31/2020. [11773333] [20-15590] (Grossman, Andrew) [Entered: 07/31/2020 01:24 PM]
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Filing 11
Submitted (ECF) Opening Brief for review. Submitted by Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt. Date of service: 07/31/2020. [11773305] [20-15590] (Grossman, Andrew) [Entered: 07/31/2020 01:10 PM]
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Filing 10
Filed text clerk order (Deputy Clerk: EU): Updated deadlines. Automatic 60-day extension (notice filed at Docket Entry No. [ # 9 ]). Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt opening brief due 07/31/2020. Appellees Mick Mulvaney and Office of Management and Budget answering brief due 08/31/2020. The optional reply brief is due 21 days after service of the answering brief. [11694274] (EU) [Entered: 05/18/2020 03:14 PM]
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Filing 9
Filed (ECF) Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt Correspondence: Notice re: 60-day extension to file Principal Brief. Date of service: 05/18/2020 [11694053] [20-15590] (Grossman, Andrew) [Entered: 05/18/2020 02:06 PM]
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Filing 8
Added Attorney(s) Daniel Tenny for party(s) Appellee Office of Management and Budget Appellee Mick Mulvaney, in case 20-15590. [11669779] (NAC) [Entered: 04/23/2020 01:06 PM]
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Filing 7
Filed (ECF) notice of appearance of Daniel Tenny (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Room 7215, Washington, DC 20530) for Appellees Mick Mulvaney and Office of Management and Budget. Date of service: 04/23/2020. (Party was previously proceeding with counsel.) [11669711] [20-15590] (Tenny, Daniel) [Entered: 04/23/2020 12:10 PM]
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Filing 6
Added Attorney(s) Jennifer Utrecht for party(s) Appellee Office of Management and Budget Appellee Mick Mulvaney, in case 20-15590. [11669600] (NAC) [Entered: 04/23/2020 11:17 AM]
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Filing 5
Filed (ECF) notice of appearance of Jennifer L. Utrecht (United States Department of Justice 950 Pennsylvania Ave NW Washington DC, 20530) for Appellees Mick Mulvaney and Office of Management and Budget. Date of service: 04/23/2020. (Party was previously proceeding with counsel.) [11669597] [20-15590] (Utrecht, Jennifer) [Entered: 04/23/2020 11:16 AM]
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Filing 4
MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or circumstances develop that might warrant settlement discussions. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11663741] (BLS) [Entered: 04/16/2020 06:06 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 04/10/2020. 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.[11658242]. [20-15590] (AD) [Entered: 04/10/2020 06:44 PM]
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Filing 2
Filed (ECF) Appellants Gilbert P. Hyatt and American Association for Equitable Treatment, Inc. Mediation Questionnaire. Date of service: 04/10/2020. [11657734] [20-15590] (Grossman, Andrew) [Entered: 04/10/2020 02:01 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt Mediation Questionnaire due on 04/10/2020. Appellants American Association for Equitable Treatment, Inc. and Gilbert P. Hyatt opening brief due 06/01/2020. Appellees Mick Mulvaney and Office of Management and Budget answering brief due 07/01/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11650984] (JBS) [Entered: 04/03/2020 11:10 AM]
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