Western States Center, Inc., et al v. USDHS, et al
| U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES MARSHALS SERVICE, FEDERAL PROTECTIVE SERVICE and U.S. CUSTOMS AND BORDER PROTECTION |
| SARA D. EDDIE, an individual, KARIN A. POWER, Oregon State Representative, an elected official, JANELLE S. BYNUM, Oregon State Representative, an elected official, FIRST UNITARIAN CHURCH OF PORTLAND, OREGON, an Oregon religious nonprofit corporation and WESTERN STATES CENTER, INC., an Oregon public benefit corporation |
| 20-35949 |
| November 4, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 13 Filed order (Deputy Clerk: TSP) Granting Motion (ECF Filing) motion to dismiss the case voluntarily pursuant to rule 42b filed by Appellants United States Marshals Service, USDHS, U.S. Customs and Border Protection and Federal Protective Service, This order shall constitute the mandate. [11897608] (TSP) [Entered: 11/18/2020 12:20 PM] |
| Filing 12 Filed (ECF) Appellants Federal Protective Service, U.S. Customs and Border Protection, United States Marshals Service and USDHS Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 11/16/2020. [11894841] [20-35949] (Jed, Adam) [Entered: 11/16/2020 04:49 PM] |
| Filing 11 Filed order (RICHARD R. CLIFTON, SANDRA S. IKUTA and KENNETH K. LEE): The emergency motion for a stay pending appeal (Docket Entry No. [ # 7 ]) is denied without prejudice to renewal following the district courts decision on the motion for stay pending appeal pending before it, or on November 11, 2020, whichever is first. The motion for an immediate administrative stay is denied. [11883665] (AF) [Entered: 11/05/2020 04:24 PM] |
| Filing 10 Filed (ECF) Appellants Federal Protective Service, U.S. Customs and Border Protection, United States Marshals Service and USDHS reply to response (). Date of service: 11/05/2020. [11883449] [20-35949] (Jed, Adam) [Entered: 11/05/2020 03:01 PM] |
| Filing 9 Filed (ECF) Appellees Janelle S. Bynum, Sara D. Eddie, First Unitarian Church of Portland, Oregon, Karin A. Power and Western States Center, Inc. response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 11/05/2020. [11883019] [20-35949] (Jacobs, Andrew) [Entered: 11/05/2020 11:52 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: AT): The court has received appellants emergency motion for a stay pending appeal. The response to the motion is due November 5, 2020, at 12:00 noon PST. The reply is due November 5, 2020 at 3:00 p.m. PST. [11882553] (OC) [Entered: 11/04/2020 08:44 PM] |
| Filing 7 Filed (ECF) Appellants Federal Protective Service, U.S. Customs and Border Protection, United States Marshals Service and USDHS EMERGENCY Motion to stay lower court action. Date of service: 11/04/2020. [11882457] [20-35949] (Jed, Adam) [Entered: 11/04/2020 04:39 PM] |
| Filing 6 Added Attorney(s) Kelly Harrison Dove for party(s) Appellee Janelle S. Bynum Appellee First Unitarian Church of Portland, Oregon Appellee Sara D. Eddie Appellee Karin A. Power Appellee Western States Center, Inc., in case 20-35949. [11882239] (JFF) [Entered: 11/04/2020 03:22 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 3, 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 December 1, 2020; the answering brief is due December 29, 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. [11882168] (OC) [Entered: 11/04/2020 03:01 PM] |
| Filing 4 Filed (ECF) notice of appearance of Kelly H. Dove (Snell & Wilmer L.L.P., 3883 Howard Hughes Pkwy, Ste. 1100, Las Vegas, Nevada 89169) for Appellees Western States Center, Inc., First Unitarian Church of Portland, Oregon, Sara D. Eddie, Janelle S. Bynum and Karin A. Power. Date of service: 11/04/2020. (Party was previously proceeding with counsel.) [11882136] [20-35949] (Dove, Kelly) [Entered: 11/04/2020 02:53 PM] |
| Filing 3 Added Attorney(s) Adam C. Jed for party(s) Appellant Federal Protective Service Appellant United States Marshals Service Appellant USDHS Appellant U.S. Customs and Border Protection, in case 20-35949. [11881994] (JFF) [Entered: 11/04/2020 02:00 PM] |
| Filing 2 Filed (ECF) notice of appearance of Adam C. Jed (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave., NW, Washington, DC 20530) for Appellants Federal Protective Service, U.S. Customs and Border Protection, United States Marshals Service and USDHS. Date of service: 11/04/2020. (Party was previously proceeding with counsel.) [11881739] [20-35949] (Jed, Adam) [Entered: 11/04/2020 12:04 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. [11881429] (RT) [Entered: 11/04/2020 09:44 AM] |
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