Wayne Porretti v. James Dzurenda, et al
| BRIAN WILLIAMS, Warden, BOB FAULKNER, PERRY RUSSELL, JAMES DZURENDA, Nevada State Prison Director, ALBERTO BUENCAMINO, RIO MANALONG, FRANCIS OAKMAN and LINDA FOX, Nevada Director of Pharmacy |
| WAYNE A. PORRETTI |
| 20-16111 |
| June 5, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 27 Filed (ECF) Attorney Samuel Weiss for Appellee Wayne A. Porretti response to notice for case being considered for oral argument. Date of service: 08/03/2020. [11775339] [20-16111] (Weiss, Samuel) [Entered: 08/03/2020 02:31 PM] |
| Filing 26 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for November 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). [11775066] (KJC) [Entered: 08/03/2020 01:03 PM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by Wayne A. Porretti 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 Wayne A. Porretti 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. [11772802] (KWG) [Entered: 07/31/2020 09:24 AM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Wayne A. Porretti. Date of service: 07/30/2020. [11772591] [20-16111] (Weiss, Samuel) [Entered: 07/30/2020 08:08 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellee Wayne A. Porretti. Date of service: 07/30/2020. [11772588] [20-16111] (Weiss, Samuel) [Entered: 07/30/2020 08:05 PM] |
| Filing 22 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. [11751504] (BLS) [Entered: 07/13/2020 05:59 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 18 ] in 2 volume(s) filed by Appellants Alberto Buencamino, James Dzurenda and Linda Fox. [11750855] (KWG) [Entered: 07/13/2020 02:17 PM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 17 ] filed by Appellants. [11750740] (DB) [Entered: 07/13/2020 01:48 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] 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 [ # 18 ] 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. [11742425] (SML) [Entered: 07/06/2020 10:46 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams. Date of service: 07/02/2020. [11741068] [20-16111] (Toddre, Frank) [Entered: 07/02/2020 01:47 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams. Date of service: 07/02/2020. [11741066] [20-16111] (Toddre, Frank) [Entered: 07/02/2020 01:47 PM] |
| Filing 16 Filed order (SUSAN P. GRABER and RYAN D. NELSON): Appellants motion to stay the district courts May 31, 2020 order, and any further district court proceedings, pending appeal (Docket Entry No. [ # 12 ]) is denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The briefing schedule established previously remains in effect. [11734225] (AF) [Entered: 06/25/2020 04:43 PM] |
| Filing 15 Filed (ECF) Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams reply to response (). Date of service: 06/24/2020. [11732803] [20-16111] (Toddre, Frank) [Entered: 06/24/2020 04:50 PM] |
| Filing 14 Filed (ECF) Appellee Wayne A. Porretti response to motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 06/23/2020. [11731520] [20-16111] (Weiss, Samuel) [Entered: 06/23/2020 09:42 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion to stay the district court action (Docket Entry No. [ # 12 ]). Any response to the motion is due on June 23, 2020. An optional reply in support of the motion is due June 24, 2020. [11727643] (AF) [Entered: 06/19/2020 12:29 PM] |
| Filing 12 Filed (ECF) Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams EMERGENCY Motion to stay lower court action. Date of service: 06/19/2020. [11727284] [20-16111] (Toddre, Frank) [Entered: 06/19/2020 09:43 AM] |
| Filing 11 The Mediation Questionnaire for this case was filed on 06/12/2020. 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.[11720245]. [20-16111] (AD) [Entered: 06/12/2020 12:44 PM] |
| Filing 10 Filed (ECF) Appellee Wayne A. Porretti Mediation Questionnaire. Date of service: 06/12/2020. [11720214] [20-16111] (Weiss, Samuel) [Entered: 06/12/2020 12:26 PM] |
| Filing 9 Added Attorney(s) Samuel Weiss for party(s) Appellee Wayne A. Porretti, in case 20-16111. [11720192] (CW) [Entered: 06/12/2020 12:14 PM] |
| Filing 8 Filed (ECF) notice of appearance of Samuel David Kinder Weiss (Rights Behind Bars. 416 Florida Avenue NW #26152. Washington, DC 20001) for Appellee Wayne A. Porretti. Date of service: 06/12/2020. (Party was previously proceeding with counsel.) [11720168] [20-16111] (Weiss, Samuel) [Entered: 06/12/2020 12:01 PM] |
| Filing 7 MEDIATION ORDER FILED: By 06/26/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11719623] (BLS) [Entered: 06/12/2020 07:41 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 06/09/2020. 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.[11716741]. [20-16111] (AD) [Entered: 06/09/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams Mediation Questionnaire. Date of service: 06/09/2020. [11716368] [20-16111] (Toddre, Frank) [Entered: 06/09/2020 03:10 PM] |
| Filing 4 Added Attorney(s) Frank Anthony Toddre II for party(s) Appellant Rio Manalong Appellant Linda Fox Appellant Perry Russell Appellant James Dzurenda Appellant Brian Williams Appellant Bob Faulkner Appellant Alberto Buencamino Appellant Francis Oakman, in case 20-16111. [11713485] (CW) [Entered: 06/08/2020 07:15 AM] |
| Filing 3 Filed (ECF) notice of appearance of Frank A. Toddre (Office of the Attorney General, State of Nevada, 555 E. Washington Ave., Ste. 3900, Las Vegas, Nevada 89101) for Appellants Alberto Buencamino, James Dzurenda, Bob Faulkner, Linda Fox, Rio Manalong, Francis Oakman, Perry Russell and Brian Williams. Date of service: 06/05/2020. (Party was previously proceeding with counsel.) [11713287] [20-16111] (Toddre, Frank) [Entered: 06/05/2020 06:01 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed June 4, 2020 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 July 2, 2020; the answering brief is due July 30, 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. [11712918] (AF) [Entered: 06/05/2020 02:45 PM] |
| 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. [11712150] (RT) [Entered: 06/05/2020 09:25 AM] |
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