Matthew Brach, et al v. Gavin Newsom, et al
| GAVIN NEWSOM, in his official capacity as the Governor of California, TONY THURMOND, in his official capacity as State Superintendent of Public Instruction and Director of Education, SONIA Y. ANGELL, in her official capacity as the State Public Health Officer and Department of Public Health Director and XAVIER BECERRA, in his official capacity as the Attorney General of California |
| ALISON WALSH, an individual, Z. R., a minor, MARIANNA BEMA, ROGER HACKETT, an individual, TIFFANY MITROWKE, an individual, KENNETH FLEMING, an individual, ERICA SEPHTON, an individual, CHRISTINE RUIZ, an individual, BRIAN HAWKINS, an individual, JOHN ZIEGLER, an individual, LACEE BEAULIEU, an individual, JESSE PETRILLA, an individual, MATTHEW BRACH, an individual, ASHLEY RAMIREZ, an individual and ADE ONIBOKUN, an individual |
| 20-56291 |
| December 7, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Brach v. Newsom
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MATTHEW BRACH V. GAVIN NEWSOM
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MATTHEW BRACH V. GAVIN NEWSOM
|
Docket Report
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This docket was last retrieved on February 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Filed (ECF) Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler Motion to take judicial notice of Appellees' December 30, 2020, Policy Statements. Date of service: 02/02/2021. [11990484] [20-56291] (Dunn, Robert) [Entered: 02/02/2021 04:26 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice by Attorney Robert Edward Dunn, Esquire for Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler. Hearing in Pasadena on 03/02/2021 at 09:00 A.M. (Courtroom: 3). 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: 02/02/2021. [11989961] [20-56291] (Dunn, Robert) [Entered: 02/02/2021 01:31 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: OC): Appellees motion for an extension of time to file their answering brief until February 12, 2021, Dkt. [ # 18 ], is GRANTED. The motion is DENIED insofar as it seeks other relief. Appellants will have until February 22, 2021, to file their reply brief. Oral argument remains scheduled for March 2, 2021. [11980202] (OC) [Entered: 01/25/2021 02:00 PM] |
| Filing 19 Filed (ECF) Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler response to motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 01/25/2021. [11979397] [20-56291] (Dunn, Robert) [Entered: 01/25/2021 09:25 AM] |
| Filing 18 Filed (ECF) Appellees Sonia Y. Angell, Xavier Becerra, Gavin Newsom and Tony Thurmond Motion to extend time to file Answering brief until 03/05/2021. Date of service: 01/22/2021. [11977931] [20-56291] (Bunshoft, Jennifer) [Entered: 01/22/2021 11:53 AM] |
| Filing 17 Notice of Oral Argument on Tuesday, March 2, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena 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 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, March 2, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11967747]. [20-56291] (AW) [Entered: 01/19/2021 12:08 PM] |
| Filing 16 MEDIATION ORDER FILED: The dial-in telephone assessment conference previously scheduled for January 19, 2021 is canceled. This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11965490] (CL) [Entered: 01/15/2021 11:05 AM] |
| Filing 15 Streamlined request [12] by Appellees Sonia Y. Angell, Xavier Becerra, Gavin Newsom and Tony Thurmond to extend time to file the brief is not approved because extensions are not available in expedited cases. You will have to file a written motion. Cir. R. 31-2.2(a)(1). [11965268] (JN) [Entered: 01/15/2021 10:15 AM] |
| Filing 14 Filed (ECF) Appellants Lacee Beaulieu, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Erica Sephton, Alison Walsh, Z. R. and John Ziegler Correspondence: Opposition to Defendants-Appellants streamlined request for extension of time to file Answering Brief in expedited appeal.. Date of service: 01/14/2021 [11964848] [20-56291] (Dunn, Robert) [Entered: 01/14/2021 10:40 PM] |
| Filing 13 Filed order (KIM MCLANE WARDLAW and ERIC D. MILLER) : The request for expedited calendaring of this appeal (Docket Entry No. [ # 4 ] ) is granted. The Clerk will place this appeal on the calendar for March 2021. See 9th Cir. Gen. Order 3.3(g). [11964746] (RT) [Entered: 01/14/2021 05:09 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Sonia Y. Angell, Xavier Becerra, Gavin Newsom and Tony Thurmond. New requested due date is 03/05/2021. [11964657] [20-56291] (Wessel, Darin) [Entered: 01/14/2021 04:37 PM] |
| Filing 11 Received 6 paper copies of Opening Brief [ # 7 ] filed by Appellants. [11958812] (SD) [Entered: 01/11/2021 11:44 AM] |
| Filing 10 Received 3 paper copies of excerpts of record [ # 8 ] in 3 volume(s) and index volume filed by Appellants. [11958548] (LA) [Entered: 01/11/2021 10:25 AM] |
| Filing 9 Filed clerk order: The opening brief [ # 7 ] submitted by appellants 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 [ # 8 ] submitted by appellants 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. [11954255] (SML) [Entered: 01/06/2021 11:40 AM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Christine Ruiz, Erica Sephton, Alison Walsh and John Ziegler. Date of service: 01/04/2021. [11952022] [20-56291] (Dunn, Robert) [Entered: 01/04/2021 09:23 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler. Date of service: 01/04/2021. [11952020] [20-56291] (Dunn, Robert) [Entered: 01/04/2021 09:20 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: AC): The unopposed request for expedited briefing is granted. The opening brief is due January 4, 2021. The answering brief is due February 3, 2021. The optional reply brief is due February 12, 2021. The request for expedited calendaring will be addressed by separate order. [11938051] (AF) [Entered: 12/23/2020 10:41 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/19/2021, 10:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11934803] (CL) [Entered: 12/21/2020 11:41 AM] |
| Filing 4 Filed (ECF) Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh and Z. R. Unopposed Motion to expedite case. Date of service: 12/17/2020. [11932311] [20-56291] (Dunn, Robert) [Entered: 12/17/2020 09:08 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/12/2020. 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.[11925291]. [20-56291] (AD) [Entered: 12/12/2020 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Alison Walsh and John Ziegler Mediation Questionnaire. Date of service: 12/12/2020. [11925289] [20-56291] (Dunn, Robert) [Entered: 12/12/2020 10:08 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler Mediation Questionnaire due on 12/14/2020. Transcript ordered by 01/04/2021. Transcript due 02/01/2021. Appellants Lacee Beaulieu, Marianna Bema, Matthew Brach, Kenneth Fleming, Roger Hackett, Brian Hawkins, Tiffany Mitrowke, Ade Onibokun, Jesse Petrilla, Ashley Ramirez, Christine Ruiz, Erica Sephton, Alison Walsh, Z. R. and John Ziegler opening brief due 03/15/2021. Appellees Sonia Y. Angell, Xavier Becerra, Gavin Newsom and Tony Thurmond answering brief due 04/14/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11916406] (JBS) [Entered: 12/07/2020 09:18 AM] |
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