Reclaim Idaho, et al v. Brad Little, et al
| LUKE MAYVILLE and RECLAIM IDAHO, an Idaho political action committee |
| BRAD LITTLE, in his official capacity as Governor of Idaho and LAWERENCE DENNY, in his official capacity as Idaho Secretary of State |
| 20-35584 |
| July 1, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 Filed (ECF) Appellants Lawerence Denny and Brad Little response to Court order dated 08/14/2020. Date of service: 08/24/2020. [11800621] [20-35584] (Berry, Robert) [Entered: 08/24/2020 03:09 PM] |
| Filing 46 Filed order (JOHNNIE B. RAWLINSON, MARY H. MURGUIA and RYAN D. NELSON) In light of oral argument and the parties concessions of impending mootness, by August 24, 2020, Appellants shall either file a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b), or inform the Court whether such a dismissal is likely in three pages or less. [11790061] (OC) [Entered: 08/14/2020 03:35 PM] |
| Filing 45 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/ [11789176] (BJK) [Entered: 08/14/2020 10:01 AM] |
| Filing 44 ARGUED AND SUBMITTED TO JOHNNIE B. RAWLINSON, MARY H. MURGUIA and RYAN D. NELSON. [11787953] (ORW) [Entered: 08/13/2020 01:01 PM] |
| Filing 43 Received 6 paper copies of Reply Brief [ # 38 ] filed by Lawerence Denny and Brad Little (sent to panel). [11783667] (DB) [Entered: 08/10/2020 03:30 PM] |
| Filing 42 Filed clerk order: The sur-reply brief [ # 41 ] submitted by Luke Mayville and Reclaim Idaho 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [11783095] (SML) [Entered: 08/10/2020 12:34 PM] |
| Filing 41 Submitted (ECF) Sur-Reply Brief for review. Submitted by Appellees Luke Mayville and Reclaim Idaho. Date of service: 08/10/2020. [11782926] [20-35584]--[COURT UPDATE: Updated entry to reflect all filers of the brief and to update the brief type. 08/10/2020 by SML] (Ferguson, Deborah) [Entered: 08/10/2020 11:40 AM] |
| Filing 40 Filed order (JOHNNIE B. RAWLINSON, MARY H. MURGUIA and RYAN D. NELSON) In light of Little v. Reclaim Idaho, No. 20A18, 591 U.S. ___ (2020), and Appellants Reply, Appellees may file a sur-reply addressing potential mootness or any other impact of the stay order for this case, not to exceed 2,000 words, by Tuesday, August 11, 2020. No further briefs will be permitted. [11778499] (OC) [Entered: 08/05/2020 01:46 PM] |
| Filing 39 Filed clerk order: The reply brief [ # 38 ] submitted by Lawerence Denny and Brad Little 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. [11776206] (SML) [Entered: 08/04/2020 09:07 AM] |
| Filing 38 Submitted (ECF) Reply Brief for review. Submitted by Appellants Lawerence Denny and Brad Little. Date of service: 08/03/2020. [11776193]--[COURT ENTERED FILING to replace entry [37].] (SML) [Entered: 08/04/2020 09:03 AM] |
| Filing 37 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 38 ]. Original Text: Filed (ECF) Appellants Lawerence Denny and Brad Little reply to response (). Date of service: 08/03/2020. [11775897] [20-35584] (Berry, Robert) [Entered: 08/03/2020 06:41 PM] |
| Filing 36 Filed clerk order (Deputy Clerk: OC): At oral argument, the parties shall be prepared to discuss the effect that Little v. Reclaim Idaho, 591 U.S. __ (2020) (per curiam) has on this case. In particular, the parties shall address whether the delay occasioned by [the Supreme] Courts stay likely dooms to mootness Appellees First Amendment claims, id., at __ (Sotomayor, J., dissenting from grant of stay) (dissent slip op., at 2), especially in light of Idahos September 7 ballot certification deadline, see Idaho Code 34-603. See also Reclaim Idaho, 591 U.S. at __ (Roberts, C.J., concurring in grant of stay) (slip op., at 4) (observing that the stay may preclude this particular initiative from appearing on the ballot this November). The parties should also be prepared to discuss whether any exceptions to the mootness doctrine apply. See, e.g., Davis v. Federal Election Commission, 554 U.S. 724 (2008). [11774329] (OC) [Entered: 08/03/2020 08:41 AM] |
| Filing 35 Received 6 paper copies of Answering Brief [ # 30 ] filed by Luke Mayville and Reclaim Idaho. (sent to panel) [11773182] (SD) [Entered: 07/31/2020 11:59 AM] |
| Filing 34 Received 3 paper copies of supplemental excerpts of record [ # 31 ] in 1 volume(s) filed by Appellees Luke Mayville and Reclaim Idaho. (sent to panel) [11772294] (KWG) [Entered: 07/30/2020 03:36 PM] |
| Filing 33 Received letter from the Supreme Court dated 07/30/2020: The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. Supreme Court No. 20A18. [11772108] (HH) [Entered: 07/30/2020 02:00 PM] |
| Filing 32 Filed clerk order: The answering brief [ # 30 ] submitted by Luke Mayville and Reclaim Idaho is filed. Filer is ordered to file 6 copies of the brief in paper format to be delivered to the Court by 12pm Pacific time tomorrow, Thursday, 07/30/2020, 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 [ # 31 ] submitted by Luke Mayville and Reclaim Idaho are filed. Filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side to be delivered to the Court by 12pm Pacific time tomorrow, Wednesday, 07/30/2020, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11770918] (SML) [Entered: 07/29/2020 02:51 PM] |
| Filing 31 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Reclaim Idaho. Date of service: 07/29/2020. [11770865] [20-35584] (Ferguson, Deborah) [Entered: 07/29/2020 02:38 PM] |
| Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellee Reclaim Idaho. Date of service: 07/29/2020. [11770856] [20-35584] (Ferguson, Deborah) [Entered: 07/29/2020 02:35 PM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice by Attorney Robert A. Berry for Appellants Lawerence Denny and Brad Little. Hearing in Anchorage on 08/13/2020 at 09:30 A.M. (Courtroom: AK Ross Historic Courtroom - Anchorage OldFedBldg AK). 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: 07/29/2020. [11770102] [20-35584] (Berry, Robert) [Entered: 07/29/2020 07:35 AM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Deborah A. Ferguson for Appellees Luke Mayville and Reclaim Idaho. Hearing in Anchorage on 08/13/2020 at 09:30 A.M. (Courtroom: Ross Historic Courtroom). 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: 07/28/2020. [11769801] [20-35584] (Ferguson, Deborah) [Entered: 07/28/2020 03:51 PM] |
| Filing 27 Notice of Oral Argument on Thursday, August 13, 2020 - 09:30 A.M. - AK Ross Historic Courtroom - Scheduled Location: Anchorage OldFedBldg AK. 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, August 13, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11769750]. [20-35584] (AW) [Entered: 07/28/2020 03:38 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: OC): After further review, the panel has determined that this case will not be consolidated with Case No. 20-35630. Oral argument will now be heard on Thursday, August 13, 2020 at 9:30 a.m. in Anchorage, Alaska. Each side will be allowed 15 minutes for argument. [11769642] (OC) [Entered: 07/28/2020 03:05 PM] |
| Filing 25 Received 3 paper copies of excerpts of record [ # 18 ] in 2 volume(s) filed by Appellants Lawerence Denny and Brad Little. (sent to panel) [11767662] (KWG) [Entered: 07/27/2020 02:47 PM] |
| Filing 24 Received 6 paper copies of Opening Brief [ # 17 ] filed by Lawerence Denny and Brad Little. (sent to panel) [11767632] (SD) [Entered: 07/27/2020 02:39 PM] |
| Filing 23 Notice of Oral Argument on Tuesday, August 11, 2020 - 09:30 A.M. - AK Ross Historic Courtroom - Scheduled Location: Anchorage OldFedBldg AK. 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, August 11, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11765361]. [20-35584] (AW) [Entered: 07/24/2020 01:38 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: AF): The panel has voted to consolidate the two cases listed above for the purposes of oral argument. Each side will be allowed 30 minutes for argument. Oral argument will now be heard on Tuesday, August 11, 2020 at 9:30 a.m. in Anchorage, Alaska. [11765221] [20-35584, 20-35630] (AF) [Entered: 07/24/2020 12:30 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Deborah A. Ferguson for Appellees Luke Mayville and Reclaim Idaho. Hearing in Anchorage on 08/10/2020 at 09:30 A.M. (Courtroom: Herbert A. Ross Historic Courtroom, Old Federal Building). 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: 07/21/2020. [11760254] [20-35584] (Ferguson, Deborah) [Entered: 07/21/2020 10:36 AM] |
| Filing 20 Filed (ECF) Acknowledgment of hearing notice by Attorney Robert A. Berry for Appellants Lawerence Denny and Brad Little. Hearing in Anchorage on 08/10/2020 at 09:30 A.M. (Courtroom: AK Ross Historic Courtroom - Anchorage OldFedBldg AK). 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: 07/20/2020. [11759074] [20-35584] (Berry, Robert) [Entered: 07/20/2020 02:44 PM] |
| Filing 19 Filed clerk order: The opening brief [ # 17 ] submitted by Lawerence Denny and Brad Little 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 Lawerence Denny and Brad Little 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. [11758528] (SML) [Entered: 07/20/2020 11:26 AM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellants Lawerence Denny and Brad Little. Date of service: 07/17/2020. [11757816] [20-35584] (Berry, Robert) [Entered: 07/17/2020 07:31 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellants Lawerence Denny and Brad Little. Date of service: 07/17/2020. [11757815] [20-35584] (Berry, Robert) [Entered: 07/17/2020 07:27 PM] |
| Filing 16 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. The briefing schedule previously established by the court remains in effect. [11753512] (LW) [Entered: 07/15/2020 10:10 AM] |
| Filing 15 Notice of Oral Argument on Monday, August 10, 2020 - 09:30 A.M. - Scheduled Location: AK Ross Historic Courtroom - Anchorage OldFedBldg AK. 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 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 Monday, August 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11749514] (KJC) [Entered: 07/10/2020 04:45 PM] |
| Filing 14 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN, dissenting): Appellants motion (Docket Entry No. [ # 2 ]) to stay the district courts June 26, 2020 and June 30, 2020 orders pending appeal is denied. See Nken v. Holder, 556 U.S. 418, 42526 (2009). The court sua sponte expedites this appeal. The opening brief is due July 17, 2020. The answering brief is due July 29, 2020. The optional reply brief is due August 3, 2020. 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. The Clerk shall place this case on the calendar for August 2020. See 9th Cir. Gen. Order 3.3(g). [11747404] (AF) [Entered: 07/09/2020 12:22 PM] |
| Filing 13 Added Attorney(s) Megan Ann Larrondo for party(s) Appellant Brad Little Appellant Lawerence Denny, in case 20-35584. [11744526] (NAC) [Entered: 07/07/2020 01:20 PM] |
| Filing 12 Filed (ECF) notice of appearance of Megan A. Larrondo (Idaho Attorney General, P.O. Box 83720, Boise, Idaho 83720-0010) for Appellants Lawerence Denny and Brad Little. Date of service: 07/07/2020. (Party was previously proceeding with counsel.) [11744497] [20-35584] (Larrondo, Megan) [Entered: 07/07/2020 01:12 PM] |
| Filing 11 Filed (ECF) Appellants Lawerence Denny and Brad Little reply to response (). Date of service: 07/07/2020. [11743817] [20-35584] (Berry, Robert) [Entered: 07/07/2020 08:54 AM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 07/06/2020. 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.[11743547]. [20-35584] (AD) [Entered: 07/06/2020 06:44 PM] |
| Filing 9 Filed (ECF) Appellants Lawerence Denny and Brad Little Mediation Questionnaire. Date of service: 07/06/2020. [11743113] [20-35584] (Berry, Robert) [Entered: 07/06/2020 03:13 PM] |
| Filing 8 MEDIATION ORDER FILED: By 07/14/2020, 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. [11743097] (LW) [Entered: 07/06/2020 03:07 PM] |
| Filing 7 Filed (ECF) Appellees Luke Mayville and Reclaim Idaho response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 07/05/2020. [11741800] [20-35584] (Durham, Craig) [Entered: 07/05/2020 07:15 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 07/03/2020. 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.[11741714]. [20-35584] (AD) [Entered: 07/03/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellees Luke Mayville and Reclaim Idaho Mediation Questionnaire. Date of service: 07/03/2020. [11741676] [20-35584] (Ferguson, Deborah) [Entered: 07/03/2020 02:01 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed June 30, 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. [11740904] (JPD) [Entered: 07/02/2020 11:40 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion to stay the district courts June 26, 2020 and June 30, 2020 orders pending appeal. Any response to the motion is due by 9:00 a.m. Pacific Time, July 6, 2020. An optional reply in support of the motion is due by 9:00 a.m. Pacific Time, July 7, 2020. [11740321] (JPD) [Entered: 07/01/2020 04:57 PM] |
| Filing 2 Filed (ECF) Appellants Lawerence Denny and Brad Little EMERGENCY Motion to stay lower court action. Date of service: 07/01/2020. [11740173] [20-35584] (Berry, Robert) [Entered: 07/01/2020 03:47 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.[11739320] (JBS) [Entered: 07/01/2020 09:09 AM] |
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