Royal Davis, et al v. Corey Stapleton, et al
| RYAN FILZ, individual elector, MONTANA DEMOCRATIC PARTY, a Montana domestic nonprofit corporation, REBECCA WEED, individual elector and MADELINE NEUMEYER, individual elector |
| ROYAL DAVIS, TERESA HARSCH, GARY MARBUT and TOM HARSCH |
| COREY STAPLETON, in his official capacity as Montana Secretary of State |
| MONTANA GREEN PARTY and HOWIE HAWKINS 2020 |
| 20-35734 |
| August 20, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 20 Filed order (Deputy Clerk: LCC) Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 19 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [11832907] (WL) [Entered: 09/22/2020 01:22 PM] |
| Filing 19 Filed (ECF) Appellants Royal Davis, Teresa Harsch, Tom Harsch and Gary Marbut Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/15/2020. [11823898] [20-35734] (Monforton, Matthew) [Entered: 09/15/2020 08:47 AM] |
| Filing 18 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) Defendant-appellees motion to file an addendum to his response to appellants motion for injunctive relief (Docket Entry No. [ # 14 ]) is granted. The addendum has been filed. Appellants emergency motion for injunctive relief (Docket Entry No. [ # 2 ]) is denied. The motion to intervene by proposed intervenors The Montana Green Party and the Howie Hawkins 2020 presidential campaign in support of appellants (Docket Entry No. [ # 9 ]) is granted. Appellants opening brief and excerpts of record remain due not later than September 16, 2020. Intervenors opening brief is due within 14 days after service of appellants opening brief. Defendant-appellee and intervenor-appellees answering briefs remain due October 14, 2020, or 28 days after service of appellants opening brief, whichever is earlier. Appellants optional reply brief is due within 21 days after service of the last-served answering brief. See 9th Cir. R. 3-3(b), 28-5. [11815361] (WL) [Entered: 09/08/2020 10:16 AM] |
| Filing 17 Filed (ECF) Appellees Ryan Filz, Montana Democratic Party, Madeline Neumeyer and Rebecca Weed response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing) motion to file addendum). Date of service: 09/04/2020. [11813862] [20-35734] (Gordon, Matthew) [Entered: 09/04/2020 01:22 PM] |
| Filing 16 Filed (ECF) Appellees Ryan Filz, Montana Democratic Party, Madeline Neumeyer and Rebecca Weed response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing) motion to intervene). Date of service: 09/04/2020. [11813760] [20-35734] (Gordon, Matthew) [Entered: 09/04/2020 11:59 AM] |
| Filing 15 Filed (ECF) Appellants Royal Davis, Teresa Harsch, Tom Harsch and Gary Marbut reply to response (). Date of service: 08/31/2020. [11808416] [20-35734] (Monforton, Matthew) [Entered: 08/31/2020 04:09 PM] |
| Filing 14 Filed (ECF) Appellee Corey Stapleton Motion to file addendum in 1 volumes to Defendant-Appellee Response Brief (Dkt 10). Date of service: 08/31/2020. [11808305] [20-35734] (James, Austin) [Entered: 08/31/2020 03:35 PM] |
| Filing 13 Entered appearance of Amici Curiae - Pending Montana Green Party and Howie Hawkins 2020. [11806728] (CW) [Entered: 08/28/2020 04:46 PM] |
| Filing 12 Filed (ECF) Appellee Montana Democratic Party corporate disclosure statement. Date of service: 08/27/2020. [11805583] [20-35734] (Gordon, Matthew) [Entered: 08/27/2020 11:49 PM] |
| Filing 11 Filed (ECF) Appellees Ryan Filz, Montana Democratic Party, Madeline Neumeyer and Rebecca Weed response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 08/27/2020. [11805582] [20-35734] (Gordon, Matthew) [Entered: 08/27/2020 11:48 PM] |
| Filing 10 Filed (ECF) Appellee Corey Stapleton response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 08/27/2020. [11805580] [20-35734] (James, Austin) [Entered: 08/27/2020 11:00 PM] |
| Filing 9 Filed (ECF) Montana Green Party and Howie Hawkins 2020 Motion to intervene. Date of service: 08/27/2020. [11805298] [20-35734] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 8/28/2020 by TYL] (Rhoades, Quentin) [Entered: 08/27/2020 03:13 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency motion for injunctive relief. Appellees responses to the motion are due August 27, 2020. Appellants optional reply is due September 1, 2020. [11798721] (JMR) [Entered: 08/21/2020 04:19 PM] |
| Filing 7 MEDIATION ORDER FILED: By 09/04/2020, 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. [11798514] (BLS) [Entered: 08/21/2020 03:22 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 08/21/2020. 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.[11798055]. [20-35734] (AD) [Entered: 08/21/2020 12:44 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 19, 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 September 16, 2020; the answering brief is due October 14, 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.[11797947] (JMR) [Entered: 08/21/2020 11:55 AM] |
| Filing 4 Filed (ECF) Appellants Royal Davis, Teresa Harsch, Tom Harsch and Gary Marbut Mediation Questionnaire. Date of service: 08/21/2020. [11797551] [20-35734] (Monforton, Matthew) [Entered: 08/21/2020 08:50 AM] |
| Filing 3 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 19, 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 September 16, 2020; the answering brief is due October 14, 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. [11797247] (AF) [Entered: 08/20/2020 05:01 PM] |
| Filing 2 Filed (ECF) Appellants Royal Davis, Teresa Harsch, Tom Harsch and Gary Marbut EMERGENCY Motion for injunction pending appeal. Date of service: 08/20/2020. [11797132] [20-35734] (Monforton, Matthew) [Entered: 08/20/2020 04:23 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction. C.R. 3-3. [11796824] (RT) [Entered: 08/20/2020 02:42 PM] |
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