Robin Hall, et al v. USDA, et al
| ROBIN HALL and STEVEN SUMMERS, Individually and on behalf of all others similarly situated |
| GEORGE PERDUE, In his official capacity as United States Secretary of Agriculture and UNITED STATES DEPARTMENT OF AGRICULTURE |
| 20-16232 |
| June 24, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Hall v. United States Department of Agriculture
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Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 1 volume(s) filed by Appellees George Perdue and USDA. (sent to panel) [11792654] (KWG) [Entered: 08/18/2020 08:57 AM] |
| Filing 27 Received 6 paper copies of Answering Brief [ # 23 ] filed by George Perdue and USDA. (sent to panel) [11792153] (SD) [Entered: 08/17/2020 04:18 PM] |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joshua K. Handell for Appellees George Perdue and USDA. Hearing in San Francisco on 10/20/2020 at 09:00 A.M. (Courtroom: 1). 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: 08/12/2020. [11785926] [20-16232] (Handell, Joshua) [Entered: 08/12/2020 08:28 AM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by George Perdue and USDA 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 George Perdue and USDA 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. [11785222] (KT) [Entered: 08/11/2020 02:10 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees USDA and George Perdue. Date of service: 08/11/2020. [11785054] [20-16232] (Handell, Joshua) [Entered: 08/11/2020 01:02 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees USDA and George Perdue. Date of service: 08/11/2020. [11785050] [20-16232] (Handell, Joshua) [Entered: 08/11/2020 12:59 PM] |
| Filing 22 Notice of Oral Argument on Tuesday, October 20, 2020 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. 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 Tuesday, October 20, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11782164]. [20-16232] (AW) [Entered: 08/09/2020 06:11 AM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 18 ] in 2 volume(s) filed by Appellants Robin Hall and Steven Summers. [11769618] (KWG) [Entered: 07/28/2020 02:54 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 17 ] filed by Robin Hall and Steven Summers. [11769996] (SD) [Entered: 07/28/2020 05:32 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Robin Hall and Steven Summers 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 Robin Hall and Steven Summers 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. [11760621] (KT) [Entered: 07/21/2020 01:40 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellants Robin Hall and Steven Summers. Date of service: 07/21/2020. [11760530] [20-16232] (Prieto, Alexander) [Entered: 07/21/2020 12:36 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellants Robin Hall and Steven Summers. Date of service: 07/21/2020. [11760520] [20-16232] (Prieto, Alexander) [Entered: 07/21/2020 12:31 PM] |
| Filing 16 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11747062] (VS) [Entered: 07/09/2020 10:01 AM] |
| Filing 15 This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for October 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 immediately 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 immediately , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [11745112] (KJC) [Entered: 07/07/2020 04:34 PM] |
| Filing 14 Filed order (SIDNEY R. THOMAS and MARY M. SCHROEDER) Appellants motion for injunctive relief (Docket Entry No. [ # 6 ]) is denied. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (stating standard). The alternate request to expedite the appeal is granted. The opening brief and excerpts of record remain due on or before July 21, 2020. The answering brief is due August 11, 2020 or 21 days after service of the opening brief, whichever is earlier. The optional reply brief is due within 14 days after service of the answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31- 2.2(b) will be granted absent extraordinary and compelling circumstances. This appeal shall be placed on the next available oral argument calendar. See 9th Cir. Gen. Order 3.3(f). [11744620] (WL) [Entered: 07/07/2020 01:47 PM] |
| Filing 13 Filed (ECF) Appellants Robin Hall and Steven Summers reply to response (). Date of service: 07/02/2020. [11741382] [20-16232] (Prieto, Alexander) [Entered: 07/02/2020 03:58 PM] |
| Filing 12 Filed (ECF) Appellees George Perdue and USDA response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 06/30/2020. [11739053] [20-16232] (Handell, Joshua) [Entered: 06/30/2020 05:55 PM] |
| Filing 11 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. By July 13, 2020, counsel for all parties intending to file briefs in this matter are requested to inform Roxane G. Ashe, Circuit Mediator, by email at roxane_ashe@ca9.uscourts.gov, of their clients views on whether the issues on appeal or the underlying dispute might be appropriate for settlement presently or in the foreseeable future. Counsel are requested to include the Ninth Circuit case number in the subject line. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect. [11736557] (WL) [Entered: 06/29/2020 01:44 PM] |
| Filing 10 Terminated Trial Counsel Rachael Westmoreland for USDA and George Perdue in 20-16232. Appellate counsel have appeared for these parties in the case [11736550] (SVG) [Entered: 06/29/2020 01:42 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 06/26/2020. 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.[11735609]. [20-16232] (AD) [Entered: 06/26/2020 06:44 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency motion for an injunction pending appeal and for expedited treatment. Appellees response to the motion is due June 30, 2020. The optional reply in support of the motion is due July 2, 2020. [11735387] (AF) [Entered: 06/26/2020 03:59 PM] |
| Filing 7 Filed (ECF) Appellants Robin Hall and Steven Summers Mediation Questionnaire. Date of service: 06/26/2020. [11735269] [20-16232] (Nahmias, David) [Entered: 06/26/2020 03:05 PM] |
| Filing 6 Filed (ECF) Appellants Robin Hall and Steven Summers EMERGENCY Motion for injunction pending appeal. Date of service: 06/25/2020. [11734138] [20-16232] (Prieto, Alexander) [Entered: 06/25/2020 04:08 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): The appeal filed June 23, 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 21, 2020; the answering brief is due August 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. [11734026] (WL) [Entered: 06/25/2020 03:37 PM] |
| Filing 4 Added Attorney(s) Joshua K. Handell, Michael Raab for party(s) Appellee George Perdue Appellee USDA, in case 20-16232. [11732768] (RR) [Entered: 06/24/2020 04:26 PM] |
| Filing 3 Filed (ECF) notice of appearance of Michael S. Raab (U.S. Department of Justice, Appellate Staff, Civil Division, 950 Pennsylvania Avenue, N.W., Room 7237, Washington, D.C. 20530) for Appellees George Perdue and USDA. Date of service: 06/24/2020. (Party was previously proceeding with counsel.) [11732560] [20-16232] (Raab, Michael) [Entered: 06/24/2020 03:00 PM] |
| Filing 2 Filed (ECF) notice of appearance of Joshua K. Handell (United States Department of Justice, 950 Pennsylvania Ave. N.W., Ste. 1515, Washington DC 20530) for Appellees George Perdue and USDA. Date of service: 06/24/2020. (Party was previously proceeding with counsel.) [11732537] [20-16232] (Handell, Joshua) [Entered: 06/24/2020 02:48 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. [11732087] (JBS) [Entered: 06/24/2020 11:33 AM] |
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