Leonorilda Ochoa, et al v. City of Mesa, et al
| KERRY LYNN CONIGLIO, on behalf of C.J.C, DEANNA MENDOZA, ERIKA GARCIA, on behalf of minor statutory beneficiaries J.G. and J.G,, RACHEL GARCIA, on behalf of S.G. on behalf of G.G. and LEONORILDA OCHOA, individually |
| JACOB MADUENOS, BRIAN K. HERMES, MANUEL R. CELAYA, Jr., KARI R. SAVAGE, CHARLES J. EVANS, JESS C. NICHOLSON, STEVE GILBERT, JASON G. STOUTS, ROBERT E. GAMBEE, Jr., CITY OF MESA, a public entity, TOWN OF GILBERT, a public entity and JASON G. STOUT |
| 20-16069 |
| June 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Document Text |
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| Filing 52 Filed (ECF) Attorney Mr. Robert Grasso, Jr. for Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert response to notice for case being considered for oral argument. Date of service: 07/10/2021. [12169014] [20-16069] (Grasso, Robert) [Entered: 07/10/2021 06:51 AM] |
| Filing 51 Filed (ECF) Attorney Jody Lynn Broaddus for Appellants Kerry Lynn Coniglio, Rachel Garcia and Leonorilda Ochoa response to notice for case being considered for oral argument. Date of service: 07/09/2021. [12167790] [20-16069] (Broaddus, Jody) [Entered: 07/09/2021 09:45 AM] |
| Filing 50 This case is being considered for an upcoming oral argument calendar in Phoenix Please review the Phoenix sitting dates for November 2021 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).[12165160]. [20-16069] (KS) [Entered: 07/07/2021 01:11 PM] |
| Filing 49 Received 3 paper copies of excerpts of record [ # 16 ] in 1 volume(s) filed by Appellants. [12157502] (KWG) [Entered: 06/29/2021 12:04 PM] |
| Filing 48 Received correction to deficient excerpts of record [ # 16 ] from Appellants: consecutively paginated replacement copies. [12157501] (KWG) [Entered: 06/29/2021 12:03 PM] |
| Filing 47 Filed clerk order (Deputy Clerk: LA): A review of Court records reflects that appellants have not submitted replacement paper copies of excerpts of record as directed by the Courts November 12, 2020 deficiency notice at Docket Entry No. [ # 18 ]. The paper copies of appellants excerpts of record received on November 12, 2020 are missing consecutive page numbers, which are required by Ninth Circuit Rule 30-1.5(c) (previously Ninth Circuit Rule 30-1.6). On February 26, 2021 at Docket Entry No. [ # 42 ], the Court again directed appellants to submit corrected paper copies of the excerpts within 7 days, but appellants have not complied. Appellants are ordered to submit 3 replacement paper copies of excerpts of record with consecutive page numbers in compliance with court rules for delivery to the Court by 5:00 p.m. Pacific Standard Time on Friday, July 2, 2021. Appellants failure to timely comply with this order may result in automatic dismissal of the appeal pursuant to Ninth Circuit Rule 42-1 for failure to prosecute. [12155112] (LA) [Entered: 06/25/2021 03:38 PM] |
| Filing 46 Filed clerk order (Deputy Clerk: AF): The joint motion (Docket Entry No. [ # 40 ]) concerning oral argument is granted. This case will be calendared November 18-19, 2021 in Phoenix, Arizona. Motions for any further continuances will not be granted absent a showing of extraordinary circumstances. [12079301] (AF) [Entered: 04/19/2021 02:24 PM] |
| Filing 45 Received 6 paper copies of Reply Brief [ # 43 ] filed by Appellants. [12050567] (AML) [Entered: 03/23/2021 11:17 AM] |
| Filing 44 Filed clerk order: The reply brief [ # 43 ] submitted by appellants 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 paper copies shall be submitted to the principal office of the Clerk. [12045631] (KT) [Entered: 03/18/2021 09:46 AM] |
| Filing 43 Submitted (ECF) Reply Brief for review. Submitted by Appellants Leonorilda Ochoa, Rachel Garcia and Kerry Lynn Coniglio. Date of service: 03/17/2021. [12045002] [20-16069] (Broaddus, Jody) [Entered: 03/17/2021 03:52 PM] |
| Filing 42 Re-sent 11/12/2020 deficiency notice [ # 18 ] to Appellants because no response has been received. Appellants are ordered to file replacement paper copies of excerpts of record with consecutive page numbers for delivery to the Court within 7 days of this entry. [12017933] (LA) [Entered: 02/26/2021 11:50 AM] |
| Filing 41 Filed 4 CDs by Appellees containing video exhibits. Sent to Records. [12013702]--[COURT UPDATE: Updated docket text for clarity. 02/23/2021 by KWG] (KWG) [Entered: 02/23/2021 12:50 PM] |
| Filing 40 Filed (ECF) Appellee Town of Gilbert Motion to reschedule oral argument. Date of service: 02/19/2021. [12009174] [20-16069] (Grasso, Robert) [Entered: 02/19/2021 07:16 AM] |
| Filing 39 Filed (ECF) Attorney Mr. Robert Grasso, Jr. for Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert response to notice for case being considered for oral argument. Date of service: 02/19/2021. [12009153] [20-16069] (Grasso, Robert) [Entered: 02/19/2021 06:55 AM] |
| Filing 38 Filed (ECF) Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert response to Court order dated 02/16/2021. Date of service: 02/17/2021. [12006522] [20-16069] (Grasso, Robert) [Entered: 02/17/2021 11:55 AM] |
| Filing 37 Filed clerk order (Deputy Clerk: HL): Appellees unopposed motion pursuant to 9th Cir. R. 27-14 for leave to transmit physical exhibits is granted. (Docket Entry No. [ # 22 ]). Appellees shall submit 4 copies of the exhibits within 7 days of the date of this order.[12004936] (JPD) [Entered: 02/16/2021 03:14 PM] |
| Filing 36 This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for June 2021 as well as the July 2021 dates as mentioned in the previous notice 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). [12004231] (KJC) [Entered: 02/16/2021 12:18 PM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for July 2021 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).[12003767]. [20-16069] (KS) [Entered: 02/16/2021 10:21 AM] |
| Filing 34 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion [ # 33 ] for an extension of time to file the reply brief is granted. The reply brief is due March 17, 2021. [12003350] (LBS) [Entered: 02/16/2021 06:06 AM] |
| Filing 33 Filed (ECF) Appellants Kerry Lynn Coniglio, Rachel Garcia and Leonorilda Ochoa Motion to extend time to file Reply brief until 03/17/2021. Date of service: 02/12/2021. [12001853] [20-16069] (Broaddus, Jody) [Entered: 02/12/2021 09:26 AM] |
| Filing 32 Received 6 paper copies of Answering Brief [ # 25 ] filed by City of Mesa, et al. [11996555] (SD) [Entered: 02/08/2021 03:31 PM] |
| Filing 31 Received 3 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by Appellees City of Mesa, et al.. [11996309] (KWG) [Entered: 02/08/2021 02:23 PM] |
| Filing 30 Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 1 volume(s) filed by Appellees Town of Gilbert, et al. [11990337] (KWG) [Entered: 02/02/2021 03:22 PM] |
| Filing 29 Received 6 paper copies of Answering Brief [ # 23 ] filed by Town of Gilbert, et al. [11988748] (SD) [Entered: 02/01/2021 03:49 PM] |
| Filing 28 Filed clerk order: The answering brief [ # 25 ] submitted by City of Mesa, et al. 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 excerpts of record [ # 26 ] submitted by City of Mesa, et al. 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. [11988164] (KT) [Entered: 02/01/2021 01:21 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 23 ] submitted by Town of Gilbert, et al. 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 [ # 24 ] submitted by Town of Gilbert, et al. 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. [11981391] (KT) [Entered: 01/26/2021 10:07 AM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees City of Mesa, Manuel R. Celaya, Jr., Robert E. Gambee, Jr., Jess C. Nicholson, Kari R. Savage, Brian K. Hermes and Jason G. Stout. Date of service: 01/25/2021. [11980667] [20-16069]--[COURT UPDATE: updated docket text to include allfilers, attached corrected PDF of excerpts of record 02/01/2021 by KT]--[COURT UPDATE: Updated docket text to reflect correct excerpts type. 02/08/2021 by KWG] (Stoutner, Duncan) [Entered: 01/25/2021 04:41 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees City of Mesa, Manuel R. Celaya, Jr., Robert E. Gambee, Jr., Jess C. Nicholson, Kari R. Savage, Brian K. Hermes and Jason G. Stout. Date of service: 01/25/2021. [11980663] [20-16069]--[COURT UPDATE: update docket text to include all filers, attached corrected PDF of answering brief. 02/01/2021 by KT] (Stoutner, Duncan) [Entered: 01/25/2021 04:40 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert. Date of service: 01/25/2021. [11980656] [20-16069] (Grasso, Robert) [Entered: 01/25/2021 04:38 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert. Date of service: 01/25/2021. [11980652] [20-16069] (Grasso, Robert) [Entered: 01/25/2021 04:36 PM] |
| Filing 22 Filed (ECF) Appellees Steve Gilbert, Jacob Maduenos and Town of Gilbert Motion to transmit exhibit. Date of service: 01/25/2021. [11980644] [20-16069] (Grasso, Robert) [Entered: 01/25/2021 04:35 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 20 ]) for an extension of time to file the answering brief is granted. The answering briefs are due January 25, 2021. The optional reply brief is due within 21 days after service of the last-served answering brief. [11911525] (JBS) [Entered: 12/01/2020 03:47 PM] |
| Filing 20 Filed (ECF) Appellees Manuel R. Celaya, Jr., City of Mesa, Robert E. Gambee, Jr., Brian K. Hermes, Jess C. Nicholson, Kari R. Savage and Jason G. Stout Motion to extend time to file Answering brief until 01/25/2021. Date of service: 11/25/2020. [11906574] [20-16069] --[COURT UPDATE: Updated docket text to reflect content of filing. 11/25/2020 by TYL] (Stoutner, Duncan) [Entered: 11/25/2020 12:11 PM] |
| Filing 19 Received 6 paper copies of Opening Brief [ # 15 ] filed by Appellants. [11891933] (SD) [Entered: 11/13/2020 10:33 AM] |
| Filing 18 Received Appellants' 3 paper copies of excerpts of record [ # 16 ] in 1 volume(s). Deficiency: paper copies of excerpts are missing consecutive page numbers. Corrections required (see attached notice). [11891137] (LA) [Entered: 11/12/2020 04:20 PM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by appellants 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 [ # 16 ] submitted by appellants 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. [11883130] (SML) [Entered: 11/05/2020 12:52 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Rachel Garcia, Leonorilda Ochoa and Kerry Lynn Coniglio. Date of service: 11/04/2020. [11882499] [20-16069]--[COURT UPDATE: Attached corrected excerpts. 11/16/2020 by SML] (Broaddus, Jody) [Entered: 11/04/2020 05:26 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants Leonorilda Ochoa, Rachel Garcia, Erika Garcia, Deanna Mendoza and Kerry Lynn Coniglio. Date of service: 11/04/2020. [11882495] [20-16069]--[COURT UPDATE: Updated entry to reflect all filers of the brief. 11/05/2020 by SML] (Broaddus, Jody) [Entered: 11/04/2020 05:22 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 13 ]) for an extension of time to file the opening brief is granted. The opening brief is due November 4, 2020. The answering brief is due December 4, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11853238] (AF) [Entered: 10/08/2020 04:51 PM] |
| Filing 13 Filed (ECF) Appellants Kerry Lynn Coniglio, Rachel Garcia and Leonorilda Ochoa Motion to extend time to file Opening brief until 11/04/2020. Date of service: 10/06/2020. [11849117] [20-16069] (Broaddus, Jody) [Entered: 10/06/2020 11:54 AM] |
| Filing 12 Streamlined request [11] by Appellants Kerry Lynn Coniglio, Erika Garcia, Rachel Garcia, Deanna Mendoza and Leonorilda Ochoa to extend time to file the brief is approved. Amended briefing schedule: Appellants Kerry Lynn Coniglio, Erika Garcia, Rachel Garcia, Deanna Mendoza and Leonorilda Ochoa opening brief due 10/08/2020. Appellees Manuel R. Celaya Jr., City of Mesa, Robert E. Gambee Jr., Steve Gilbert, Brian K. Hermes, Jacob Maduenos, Jess C. Nicholson, Kari R. Savage and Town of Gilbert answering brief due 11/09/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11800083] (JN) [Entered: 08/24/2020 12:17 PM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Leonorilda Ochoa. New requested due date is 10/08/2020. [11799866] [20-16069] (Broaddus, Jody) [Entered: 08/24/2020 11:08 AM] |
| Filing 10 Entered appearance of Appellee Jason G. Stout. [11788684] (JMR) [Entered: 08/13/2020 04:56 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: LBS): The parties stipulated motion (Docket Entry No. [ # 8 ]) for voluntary dismissal as to appellee Charles J. Evans is granted. This appeal is dismissed as to appellee Charles J. Evans only. See Fed. R. App. P. 42(b). Costs and fees shall be allocated pursuant to the terms of the stipulation. This order served on the district court shall act as and for the mandate of this court as to appellee Charles J. Evans only. The appeal shall continue as to the remaining parties. The parties stipulated motion (included in Docket Entry No. [ # 8 ]) to amend the caption is granted. The caption shall be amended to correctly spell the name of appellee Jason G. Stout, rather than Stouts. The opening brief remains due September 8, 2020. The answering briefs are due October 8, 2020. The optional reply brief is due within 21 days after service of the last-served answering brief. [11788675] (JMR) [Entered: 08/13/2020 04:51 PM] |
| Filing 8 Filed (ECF) Appellees Manuel R. Celaya, Jr., City of Mesa, Charles J. Evans, Robert E. Gambee, Jr., Brian K. Hermes, Jess C. Nicholson, Kari R. Savage and Jason G. Stouts Stipulated Motion to dismiss party from case. Date of service: 07/15/2020. [11753645] [20-16069] (Stoutner, Duncan) [Entered: 07/15/2020 11:02 AM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11736862] (CL) [Entered: 06/29/2020 03:09 PM] |
| Filing 6 Added Attorney(s) Jody Lynn Broaddus for party(s) Appellant Kerry Lynn Coniglio, Appellant Leonorilda Ochoa and Appellant Rachel Garcia, in case 20-16069. [11736785] (QDL) [Entered: 06/29/2020 02:47 PM] |
| Filing 5 Filed (ECF) notice of appearance of Jody L. Broaddus (Attorneys For Freedom, 3185 South Price Road, Chandler, Arizona 85248) for Appellants Rachel Garcia, Kerry Lynn Coniglio and Leonorilda Ochoa. Date of service: 06/29/2020. (Party was previously proceeding with counsel.) [11736765] [20-16069] (Broaddus, Jody) [Entered: 06/29/2020 02:44 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/29/2020, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11720849] (CL) [Entered: 06/12/2020 05:43 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 06/08/2020. 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.[11715120]. [20-16069] (AD) [Entered: 06/08/2020 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Leonorilda Ochoa, Rachel Garcia and Kerry Lynn Coniglio Mediation Questionnaire. Date of service: 06/08/2020. [11714526] [20-16069] (Victor, Marc) [Entered: 06/08/2020 02:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Kerry Lynn Coniglio, Erika Garcia, Rachel Garcia, Deanna Mendoza and Leonorilda Ochoa Mediation Questionnaire due on 06/08/2020. Transcript ordered by 06/29/2020. Transcript due 07/28/2020. Appellants Kerry Lynn Coniglio, Erika Garcia, Rachel Garcia, Deanna Mendoza and Leonorilda Ochoa opening brief due 09/08/2020. Appellees Manuel R. Celaya Jr., City of Mesa, Charles J. Evans, Robert E. Gambee Jr., Steve Gilbert, Brian K. Hermes, Jacob Maduenos, Jess C. Nicholson, Kari R. Savage, Jason G. Stouts and Town of Gilbert answering brief due 10/08/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11706724] (RT) [Entered: 06/01/2020 12:00 PM] |
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