Index Newspapers LLC, et al v. United States Marshals Service, et al
| CITY OF PORTLAND, a municipal corporation; and JOHN DOES, 1-60; individual and supervisory officers of Portland Police Bureau and other agencies working in concert, |
| JUSTIN YAU, and those similarly situated, ALEX MILAN TRACY, BRIAN CONLEY, SERGIO OLMOS, TUCK WOODSTOCK, KAT MAHONEY, SAM GEHRKE, INDEX NEWSPAPERS LLC, DBA Portland Mercury, JOHN RUDOFF, MATHIEU LEWIS-ROLLAND and DOUG BROWN |
| U.S. DEPARTMENT OF HOMELAND SECURITY and UNITED STATES MARSHALS SERVICE |
| THE COMMITTEE TO PROTECT JOURNALISTS, HUMAN RIGHTS WATCH AND REPORTERS WITHOUT BORDERS and REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AND 14 NEWS MEDIA ORGANIZATIONS |
| 20-35739 |
| August 24, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Index Newspapers LLC v. United States Marshals Service
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Docket Report
RSS Track this Docket
This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 Received 6 paper copies of Amicus Brief [ # 16 ] filed by Reporters Committee for Freedom of the Press and 14 News Media Organizations. [11867128] (SD) [Entered: 10/21/2020 01:23 PM] |
| Filing 41 Received 7 paper copies of Amicus Brief [ # 18 ] filed by The Committee to Protect Journalists, Human Rights Watch and Reporters Without Borders. [11866822] (SD) [Entered: 10/21/2020 11:06 AM] |
| Filing 40 Received 3 paper copies of excerpts of record [ # 36 ] in 2 volume(s) filed by Appellants USDHS and United States Marshals Service. [11864983] (KWG) [Entered: 10/20/2020 09:27 AM] |
| Filing 39 Filed clerk order: The Court previously filed the brief(s) [ # 16 ], [ # 18 ] submitted by and Amici Curiae. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus brief(s) must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11864583] (KT) [Entered: 10/19/2020 05:04 PM] |
| Filing 38 Received 6 paper copies of Opening Brief [ # 35 ] filed by USDHS and United States Marshals Service. [11864579] (SD) [Entered: 10/19/2020 05:03 PM] |
| Filing 37 Filed clerk order: The opening brief [ # 35 ] submitted by USDHS and United States Marshals Service 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 [ # 36 ] submitted by USDHS and United States Marshals Service 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. [11859212] (KT) [Entered: 10/14/2020 06:02 PM] |
| Filing 36 Submitted (ECF) excerpts of record. Submitted by Appellants USDHS and United States Marshals Service. Date of service: 10/14/2020. [11858829] [20-35739] (Shih, Michael) [Entered: 10/14/2020 03:16 PM] |
| Filing 35 Submitted (ECF) Opening Brief for review. Submitted by Appellants USDHS and United States Marshals Service. Date of service: 10/14/2020. [11858818] [20-35739] (Shih, Michael) [Entered: 10/14/2020 03:12 PM] |
Filing 34
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Dissent by Judge O'Scannlain) The Federal Defendants have not made a strong showing that they are likely to succeed on the merits of plaintiffs claims. Nor have they shown that they are likely to suffer irreparable injury as a result of the district courts preliminary injunction. Further, a stay of the district courts injunction would substantially injure both the City and the plaintiffs. For these reasons, we cannot say at this juncture that the Federal Defendants are entitled to a stay of the preliminary injunction pending appeal. The Federal Defendants emergency motion for a stay pending appeal is DENIED, and the administrative stay entered August 27, 2020 is lifted. [11854419]--[Edited (attached reformatted PDF) 10/16/2020 by AKM] (AKM) [Entered: 10/09/2020 02:37 PM]
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| Filing 33 Filed clerk order: The amicus brief [ # 18 ] submitted by The Committee to Protect Journalists, Human Rights Watch and Reporters Without Borders is filed. No paper copies are required at this time. [11848704] (KT) [Entered: 10/06/2020 09:37 AM] |
| Filing 32 Filed clerk order: The amicus brief [ # 16 ] submitted by Reporters Committee for Freedom of the Press is filed. No paper copies are required at this time. [11848699] (KT) [Entered: 10/06/2020 09:35 AM] |
| Filing 31 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) We have received the motions for leave to proceed as amici in opposition to the pending motion to stay the district courts August 20, 2020 order. The motions to proceed as amici are granted (Docket Entry Nos. [ # 16 ] and [ # 18 ]). The motion to stay the district courts August 20, 2020 order will be addressed separately. We sua sponte extend the briefing schedule for this appeal. The opening brief and excerpts of record are due October 14, 2020. The answering brief is due November 16, 2020. The optional reply brief is due 21 days after service of the answering brief. [11842527] (WL) [Entered: 09/30/2020 01:37 PM] |
| Filing 30 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/ [11834079] (DO) [Entered: 09/23/2020 10:52 AM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Sopan Joshi for Appellants USDHS and United States Marshals Service. Hearing in Other (Telephone) on 09/17/2020 at 2:00 P.M. (Courtroom: N/A). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am generally qualified for admission to practice before the bar of the Ninth Circuit and that I will immediately apply for admission. Date of service: 09/14/2020. [11823606] [20-35739] (Joshi, Sopan) [Entered: 09/14/2020 06:33 PM] |
| Filing 28 Added Attorney(s) Sopan Joshi for party(s) Appellant United States Marshals Service Appellant USDHS. [11822841] (RL) [Entered: 09/14/2020 01:43 PM] |
| Filing 27 Filed (ECF) notice of appearance of Sopan Joshi (U.S. Department of Justice) for Appellants United States Marshals Service and USDHS. Date of service: 09/14/2020. (Party was previously proceeding with counsel.) [11822749] [20-35739] (Joshi, Sopan) [Entered: 09/14/2020 01:08 PM] |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice by Attorney Matthew Brooks Borden, Esquire for Appellees Doug Brown, Brian Conley, Sam Gehrke, Index Newspapers LLC, Mathieu Lewis-Rolland, Kat Mahoney, Sergio Olmos, John Rudoff, Alex Milan Tracy, Tuck Woodstock and Justin Yau. Hearing in San Francisco (Virtual hearing) on 09/17/2020 at 2:00 P.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/10/2020. [11819282] [20-35739] (Borden, Matthew) [Entered: 09/10/2020 02:25 PM] |
| Filing 25 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11817196] (LW) [Entered: 09/09/2020 09:54 AM] |
| Filing 24 Notice of Virtual Oral Argument (re Emergency Motion to Stay District Court's 08.20.20 order) on Thursday, September 17, 2020 - 2:00 pm Pacific - Scheduled Location: Courtroom 2 - 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 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, September 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11816716] (AW) [Entered: 09/08/2020 05:41 PM] |
| Filing 23 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) The court has received appellants emergency motion to stay the district courts August 20, 2020 order at Docket Entry No. [ # 7 ], and the response and reply thereto. The court will hold virtual oral argument on the emergency motion at 2:00 p.m. Pacific Time on Thursday, September 17, 2020. Each side is allotted 20 minutes for argument. [11816632] (WL) [Entered: 09/08/2020 04:58 PM] |
| Filing 22 Terminated unregistered attorney Jordan Von Bokern for United States Marshals Service and USDHS in 20-35739. Parties have registered counsel of record [11815628] (SVG) [Entered: 09/08/2020 11:37 AM] |
| Filing 21 Terminated unregistered attorneys Joshua E. Gardner for United States Marshals Service and USDHS in 20-35739, Andrew I. Warden for United States Marshals Service and USDHS in 20-35739. Parties have alternative counsel of record. [11815626] (SVG) [Entered: 09/08/2020 11:35 AM] |
| Filing 20 Filed (ECF) Appellants United States Marshals Service and USDHS reply to response (). Date of service: 09/03/2020. [11812606] [20-35739] (Shih, Michael) [Entered: 09/03/2020 02:30 PM] |
| Filing 19 Entered appearance of Amici Curiae - Pending Reporters Committee for Freedom of the Press, 14 News Media Organizations, The Committee to Protect Journalists, Human Rights Watch and Reporters Without Borders. [11812199] (KT) [Entered: 09/03/2020 11:18 AM] |
| Filing 18 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Committee to Protect Journalists, Human Rights Watch and Reporters Without Borders. Date of service: 09/02/2020. [11810388] [20-35739] (Huber, Jennifer) [Entered: 09/02/2020 09:24 AM] |
| Filing 17 Filed (ECF) Appellees Doug Brown, Brian Conley, Sam Gehrke, Index Newspapers LLC, Mathieu Lewis-Rolland, Kat Mahoney, Sergio Olmos, John Rudoff, Alex Milan Tracy, Tuck Woodstock and Justin Yau response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 09/02/2020. [11810331] [20-35739] (Acharya, Athul) [Entered: 09/02/2020 08:50 AM] |
| Filing 16 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Reporters Committee for Freedom of the Press and 14 News Media Organizations. Date of service: 09/02/2020. [11810299] [20-35739] (Townsend, KatieLynn) [Entered: 09/02/2020 08:20 AM] |
| Filing 15 MEDIATION ORDER FILED: By 09/07/2020, 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. [11806525] (LW) [Entered: 08/28/2020 03:23 PM] |
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Filing 14
Filed order (M. MARGARET MCKEOWN, ERIC D. MILLER and DANIEL A. BRESS) Order by Judges MILLER and BRESS, Dissent by Judge McKEOWN. We have received appellants emergency motion at Docket Entry No. [ # 7 ] seeking to stay the district courts August 20, 2020 order pending resolution of this appeal. Appellants request for an immediate administrative stay of the district courts August 20, 2020 order pending resolution of the emergency motion is granted. See Nken v. Holder, 556 U.S. 418, 426 (2009). Based on our preliminary review, appellants have made a strong showing of likely success on the merits that the district courts injunction exempting Journalists and Legal Observers from generally applicable dispersal orders is without adequate legal basis. Given the orders breadth and lack of clarity, particularly in its non-exclusive indicia of who qualifies as Journalists and Legal Observers, appellants have also demonstrated that, in the absence of a stay, the order will cause irreparable harm to law enforcement efforts and personnel. The August 20, 2020 order is stayed, temporarily, pending resolution of the emergency motion. This administrative stay preserves the status quo as it existed before the district courts preliminary injunction and temporary restraining order. This order does not disturb the portion of the district courts August 20, 2020 order directing the parties to confer regarding identifying markings and directing that the parties submit proposals to the district court within 14 days if the parties cannot reach an agreement. However, the district court shall not issue a final order regarding identifying markings pending this courts resolution of the emergency motion. Appellees response to the emergency motion is due by 9:00 a.m. PDT September 2, 2020. Appellants optional reply is due by 5:00 p.m. PDT September 3, 2020. McKEOWN, Circuit Judge, dissenting: I respectfully dissent and would deny the Federal Defendants request for an administrative stay. The factual conclusions underlying the entry of a preliminary injunction are reviewed for clear error. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). In light of the deferential review accorded to the district courts factual finding at this stage, the district courts extensive factual findings with respect to journalists and legal observers, including the finding that the injunction would not impair law enforcement operations to protect federal property and personnel, and the fact that a temporary restraining order has been in place since July 23, 2020, the government has failed to meet its burden to demonstrate either an emergency or irreparable harm to support an immediate administrative stay. I concur in the order with respect to the markings. [11805415] (WL) [Entered: 08/27/2020 04:27 PM]
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| Filing 13 Filed (ECF) Appellants United States Marshals Service and USDHS reply to response (). Date of service: 08/26/2020. [11803748] [20-35739] (Shih, Michael) [Entered: 08/26/2020 02:00 PM] |
| Filing 12 Added Attorney(s) Ronald James Fisher for party(s) Appellee Doug Brown Appellee Kat Mahoney Appellee Justin Yau Appellee Brian Conley Appellee Sergio Olmos Appellee John Rudoff Appellee Mathieu Lewis-Rolland Appellee Alex Milan Tracy Appellee Index Newspapers LLC Appellee Sam Gehrke Appellee Tuck Woodstock, in case 20-35739. [11803177] (JFF) [Entered: 08/26/2020 09:52 AM] |
| Filing 11 Added Attorney(s) Gunnar Martz for party(s) Appellee Doug Brown Appellee Kat Mahoney Appellee Justin Yau Appellee Brian Conley Appellee Sergio Olmos Appellee John Rudoff Appellee Mathieu Lewis-Rolland Appellee Alex Milan Tracy Appellee Index Newspapers LLC Appellee Sam Gehrke Appellee Tuck Woodstock, in case 20-35739. [11803166] (JFF) [Entered: 08/26/2020 09:45 AM] |
| Filing 10 Filed (ECF) Appellees Doug Brown, Brian Conley, Sam Gehrke, Index Newspapers LLC, Mathieu Lewis-Rolland, Kat Mahoney, Sergio Olmos, John Rudoff, Alex Milan Tracy, Tuck Woodstock and Justin Yau response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 08/26/2020. [11802873] [20-35739] (Acharya, Athul) [Entered: 08/26/2020 02:50 AM] |
| Filing 9 Filed (ECF) notice of appearance of Ronald James Fisher (BraunHagey & Borden LLP, 351 California Street, 10th Floor, San Francisco, CA 94104) for Appellees Doug Brown, Brian Conley, Sam Gehrke, Index Newspapers LLC, Mathieu Lewis-Rolland, Kat Mahoney, Sergio Olmos, John Rudoff, Alex Milan Tracy, Tuck Woodstock and Justin Yau. Date of service: 08/25/2020. (Party was previously proceeding with counsel.) [11802825] [20-35739] (Fisher, Ronald) [Entered: 08/25/2020 05:40 PM] |
| Filing 8 Filed (ECF) notice of appearance of Gunnar Karl Martz (BraunHagey & Borden LLP, 351 California Street, 10th Floor, San Francisco, CA 94104) for Appellees Doug Brown, Brian Conley, Sam Gehrke, Index Newspapers LLC, Mathieu Lewis-Rolland, Kat Mahoney, Sergio Olmos, John Rudoff, Alex Milan Tracy, Tuck Woodstock and Justin Yau. Date of service: 08/25/2020. (Party was previously proceeding with counsel.) [11802823] [20-35739] (Martz, Gunnar) [Entered: 08/25/2020 05:37 PM] |
| Filing 7 Filed (ECF) Appellants United States Marshals Service and USDHS EMERGENCY Motion for injunction pending appeal. Date of service: 08/25/2020. [11802604] [20-35739] (Shih, Michael) [Entered: 08/25/2020 03:56 PM] |
| Filing 6 Added Attorney(s) Mark B. Stern for party(s) Appellant United States Marshals Service Appellant USDHS, in case 20-35739. [11801587] (JFF) [Entered: 08/25/2020 10:19 AM] |
| Filing 5 Added Attorney(s) Michael Shih for party(s) Appellant United States Marshals Service Appellant USDHS, in case 20-35739. [11801576] (JFF) [Entered: 08/25/2020 10:16 AM] |
| Filing 4 Filed (ECF) notice of appearance of Mark B. Stern (U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, D.C. 20530) for Appellants United States Marshals Service and USDHS. Date of service: 08/25/2020. (Party was previously proceeding with counsel.) [11801322] [20-35739] (Stern, Mark) [Entered: 08/25/2020 08:25 AM] |
| Filing 3 Filed (ECF) notice of appearance of Michael Shih (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Room 7268, Washington, DC 20530) for Appellants USDHS and United States Marshals Service. Date of service: 08/25/2020. (Party was previously proceeding with counsel.) [11801263] [20-35739] (Shih, Michael) [Entered: 08/25/2020 07:37 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 21, 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 18, 2020; the answering brief is due October 16, 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. [11800498] (WL) [Entered: 08/24/2020 02:38 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. [11799684] (RT) [Entered: 08/24/2020 10:15 AM] |
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