State of Washington, et al v. DOS, et al
| STATE OF COLORADO, STATE OF ILLINOIS, STATE OF NEW YORK, STATE OF NEW JERSEY, STATE OF CALIFORNIA, DISTRICT OF COLUMBIA, STATE OF NORTH CAROLINA, STATE OF MINNESOTA, STATE OF WASHINGTON, STATE OF NEW MEXICO, STATE OF MICHIGAN, STATE OF DELAWARE, STATE OF OREGON, COMMONWEALTH OF VIRGINIA, STATE OF MAINE, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF MASSACHUSETTS, STATE OF HAWAII, STATE OF WISCONSIN, STATE OF MARYLAND, STATE OF VERMONT, STATE OF CONNECTICUT and STATE OF RHODE ISLAND |
| MIKE MILLER, in his official capacity as Acting Deputy Assistant Secretary of Defense Trade Controls, CORDELL HULL, BUREAU OF INDUSTRY AND SECURITY, DIRECTORATE OF DEFENSE TRADE CONTROLS, MICHAEL POMPEO, in his official capacity as Secretary of State, SARAH HEIDEMA, in her official capacity as Director of Policy, Office of Defense Trade Controls Policy, RICH ASHOOH, in his official capacity as Assistant Secretary of Commerce for Export Administration, WILBUR ROSS, in his official capacity as Secretary of Commerce, UNITED STATES DEPARTMENT OF COMMERCE and UNITED STATES DEPARTMENT OF STATE |
| FREDRIC'S ARMS & SMITHS, LLC and NATIONAL SHOOTING SPORTS FOUNDATION, INC. |
| 20-35391 |
| May 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Washington v. United States Department of State
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Docket Report
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| Filing 21 Submitted (ECF) excerpts of record. Submitted by Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC. Date of service: 07/02/2020. [11740626] [20-35391] (Aguilar, Daniel) [Entered: 07/02/2020 09:20 AM] |
| Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC. Date of service: 07/02/2020. [11740622] [20-35391] (Aguilar, Daniel) [Entered: 07/02/2020 09:17 AM] |
| Filing 19 Added Attorney(s) Sarah A. Hunger for party(s) Appellee State of Illinois, in case 20-35391. [11707138] (NAC) [Entered: 06/01/2020 02:47 PM] |
| Filing 18 Filed (ECF) notice of appearance of Sarah Ann Hunger (Office of the Illinois Attorney General, 100 West Randolph Street, Chicago, Illinois 60601) for Appellee State of Illinois. Date of service: 06/01/2020. (Party was previously proceeding with counsel.) [11706959] [20-35391] (Hunger, Sarah) [Entered: 06/01/2020 01:52 PM] |
| Filing 17 Added Attorney(s) James Edward Tysse, Pratik A. Shah, Rachel Bayefsky for party(s) Appellee National Shooting Sports Foundation, Inc. Appellee Fredric's Arms & Smiths, LLC, in case 20-35391. [11689749] (NAC) [Entered: 05/13/2020 01:14 PM] |
| Filing 16 Filed (ECF) notice of appearance of Rachel Bayefsky (Akin Gump Strauss Hauer & Feld LLP, 2001 K Street, N.W., Washington, D.C. 20006) for Appellees Fredric's Arms & Smiths, LLC and National Shooting Sports Foundation, Inc.. Date of service: 05/13/2020. (Party was previously proceeding with counsel.) [11689699] [20-35391] (Bayefsky, Rachel) [Entered: 05/13/2020 12:48 PM] |
| Filing 15 Filed (ECF) notice of appearance of James E. Tysse (Akin Gump Strauss Hauer & Feld LLP, 2001 K Street, N.W., Washington, D.C. 20006) for Appellees Fredric's Arms & Smiths, LLC and National Shooting Sports Foundation, Inc.. Date of service: 05/13/2020. (Party was previously proceeding with counsel.) [11689695] [20-35391] (Tysse, James) [Entered: 05/13/2020 12:45 PM] |
| Filing 14 Filed (ECF) notice of appearance of Pratik A. Shah (Akin Gump Strauss Hauer & Feld LLP, 2001 K Street, N.W., Washington, D.C. 20006) for Appellees Fredric's Arms & Smiths, LLC and National Shooting Sports Foundation, Inc.. Date of service: 05/13/2020. (Party was previously proceeding with counsel.) [11689685] [20-35391] (Shah, Pratik) [Entered: 05/13/2020 12:40 PM] |
| Filing 13 COURT CORRECTION: Changed National Shooting Sports Foundation, Inc. and Fredric's Arms & Smiths, LLC to Appellees. Added attorneys James Tysse, Pratik Shah, and Rachel Bayefsky as counsel to mentioned parties. [11689652] (SLM) [Entered: 05/13/2020 12:22 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellants DOS, USDOC, Mike Miller, Michael Pompeo, Wilbur Ross, Directorate of Defense Trade Controls, Sarah Heidema, Bureau of Industry and Security, Rich Ashooh and Cordell Hull; Granting Motion [ # 11 ] (ECF Filing) motion to extend time to file brief filed by Appellants DOS, USDOC, Mike Miller, Michael Pompeo, Wilbur Ross, Directorate of Defense Trade Controls, Sarah Heidema, Bureau of Industry and Security, Rich Ashooh and Cordell Hull. Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross, United States Department of Commerce and United States Department of State opening brief due 07/02/2020. Appellees Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and State of Wisconsin answering brief due 08/03/2020. The optional reply brief is due 21 days after service of the answering brief. [11689256] (LKK) [Entered: 05/13/2020 09:27 AM] |
| Filing 11 Filed (ECF) Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC Unopposed Motion to extend time to file Opening brief until 07/02/2020. Date of service: 05/12/2020. [11688938] [20-35391] (Aguilar, Daniel) [Entered: 05/12/2020 07:26 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 05/11/2020. 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.[11686488]. [20-35391] (AD) [Entered: 05/11/2020 12:44 PM] |
| Filing 9 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11686239] (LW) [Entered: 05/11/2020 10:47 AM] |
| Filing 8 Filed (ECF) Appellee State of Washington Mediation Questionnaire. Date of service: 05/11/2020. [11685894] [20-35391] (Beneski, Kristin) [Entered: 05/11/2020 08:23 AM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 05/07/2020. 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.[11684359]. [20-35391] (AD) [Entered: 05/07/2020 06:44 PM] |
| Filing 6 Filed (ECF) Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC Mediation Questionnaire. Date of service: 05/07/2020. [11683981] [20-35391] (Aguilar, Daniel) [Entered: 05/07/2020 02:22 PM] |
| Filing 5 Added Attorney(s) Daniel Aguilar, Sharon Swingle for party(s) Appellant Directorate of Defense Trade Controls Appellant Michael Pompeo Appellant Wilbur Ross Appellant Mike Miller Appellant Rich Ashooh Appellant Sarah Heidema Appellant Cordell Hull Appellant USDOC Appellant DOS Appellant Bureau of Industry and Security, in case 20-35391. [11683095] (NAC) [Entered: 05/07/2020 07:14 AM] |
| Filing 4 Filed (ECF) notice of appearance of Sharon Swingle (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave., N.W., Room 7250, Washington, D.C. 20530-0001) for Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC. Date of service: 05/07/2020. (Party was previously proceeding with counsel.) [11683068] [20-35391] (Swingle, Sharon) [Entered: 05/07/2020 06:03 AM] |
| Filing 3 Filed (ECF) notice of appearance of Daniel J. Aguilar (U.S. Department of Justice, Civil Division, Appellate Staff) for Appellants Rich Ashooh, Bureau of Industry and Security, Directorate of Defense Trade Controls, DOS, Sarah Heidema, Cordell Hull, Mike Miller, Michael Pompeo, Wilbur Ross and USDOC. Date of service: 05/06/2020. (Party was previously proceeding with counsel.) [11682995] [20-35391] (Aguilar, Daniel) [Entered: 05/06/2020 05:32 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 5, 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 June 2, 2020; the answering brief is due June 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. [11682832] (AF) [Entered: 05/06/2020 03:31 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. [11682452] (RT) [Entered: 05/06/2020 12:38 PM] |
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