Ritesh Tandon, et al v. Gavin Newsom, et al
| JEFFREY V. SMITH, SARA H. CODY, XAVIER BECERRA, GAVIN NEWSOM, SANDRA SHEWRY and ERICA PAN |
| KAREN BUSCH, CONNIE RICHARDS, JULIE EVARKIOU, JEREMY WONG, CAROLYN GANNON, TERRY GANNON, RITESH TANDON, FRANCES BEAUDET, MAYA MANSOUR and DHRUV KHANNA |
| 21-15228 |
| February 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 30 Received order from the Supreme Court dated 04/09/2021 granting Injunction pending appeal. [12070099] (SVG) [Entered: 04/09/2021 09:17 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 25 ] submitted by Xavier Becerra, et al. 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12066233] (KWG) [Entered: 04/07/2021 09:42 AM] |
| Filing 27 Filed clerk order: The answering brief [ # 23 ] submitted by Sara H. Cody and Jeffrey V. Smith 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: red. The supplemental excerpts of record [ # 24 ] submitted by Sara H. Cody and Jeffrey V. Smith 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. [12066139] (KWG) [Entered: 04/07/2021 09:06 AM] |
| Filing 28 Filed (ECF) Appellees Xavier Becerra, Gavin Newsom, Erica Pan and Sandra Shewry Motion to take judicial notice. Date of service: 04/06/2021. [12066222]--(Court entered filing, originally filed with brief in [ # 25 ].) (KWG) [Entered: 04/07/2021 09:38 AM] |
| Filing 26 Filed (ECF) Appellees Sara H. Cody and Jeffrey V. Smith Motion to take judicial notice. Date of service: 04/06/2021. [12066124]--(Court entered filing, originally filed with brief [ # 23 ].) (KWG) [Entered: 04/07/2021 08:59 AM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees Xavier Becerra, Gavin Newsom, Erica Pan and Sandra Shewry. Date of service: 04/06/2021. [12065912] [21-15228]--[COURT UPDATE: Removed PDF of the motion, filed correctly in [ # 28 ]. 04/07/2021 by KWG] (Haddad, Lara) [Entered: 04/06/2021 08:46 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Sara H. Cody and Jeffrey V. Smith. Date of service: 04/06/2021. [12065748] [21-15228] (Bussey, Jason) [Entered: 04/06/2021 04:30 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Sara H. Cody and Jeffrey V. Smith. Date of service: 04/06/2021. [12065744] [21-15228]--[COURT UPDATE: Removed PDF of the motion, filed correctly in [ # 26 ]. 04/07/2021 by KWG] (Bussey, Jason) [Entered: 04/06/2021 04:27 PM] |
| Filing 22 Filed text clerk order (Deputy Clerk: AKM): Appellants motion to take judicial notice, Dkt. No. [ # 14 ], is granted. [12058164] (AKM) [Entered: 03/30/2021 11:53 AM] |
Filing 21
Filed Order for PUBLICATION (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY) (Order by Judges M. SMITH and BADE, Partial Dissent and Partial Concurrence by Judge BUMATAY) Appellants have not demonstrated a likelihood of success on the merits for their free exercise, due process, or equal protection claims, nor have they demonstrated that injunctive relief is necessary for their free speech claims. Therefore, we deny the emergency motion for an injunction pending appeal. DENIED. [12058150]--[Edited 04/02/2021 (attached reformatted slip op & attached web cites) by AKM] (AKM) [Entered: 03/30/2021 11:49 AM]
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| Filing 19 Filed (ECF) Appellants Frances Beaudet, Julie Evarkiou, Carolyn Gannon, Terry Gannon, Dhruv Khanna, Maya Mansour, Connie Richards, Ritesh Tandon and Jeremy Wong reply to response (). Date of service: 03/12/2021. [12039015] [21-15228] (Dunn, Robert) [Entered: 03/12/2021 08:47 AM] |
| Filing 18 Filed (ECF) Appellees Xavier Becerra, Erica Pan, Sandra Shewry and Gavin Newsom citation of supplemental authorities. Date of service: 03/12/2021. [12038926] [21-15228] (Haddad, Lara) [Entered: 03/12/2021 07:19 AM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 13 ] in 5 volume(s) and index volume filed by Appellants. [12039299] (LA) [Entered: 03/12/2021 11:03 AM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 12 ] filed by Appellants. [12033108] (SD) [Entered: 03/11/2021 05:07 PM] |
| Filing 16 Filed (ECF) Appellees Xavier Becerra, Gavin Newsom, Erica Pan and Sandra Shewry response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 03/10/2021. [12031478] [21-15228] (Haddad, Lara) [Entered: 03/10/2021 04:55 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 12 ] 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 [ # 13 ] 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. [12030636] (KWG) [Entered: 03/10/2021 10:15 AM] |
| Filing 14 Filed (ECF) Appellants Frances Beaudet, Karen Busch, Julie Evarkiou, Terry Gannon, Dhruv Khanna, Maya Mansour, Ritesh Tandon and Jeremy Wong Motion to take judicial notice of government documents. Date of service: 03/09/2021. [12030225] [21-15228] (Dunn, Robert) [Entered: 03/09/2021 08:49 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants Frances Beaudet, Karen Busch, Julie Evarkiou, Carolyn Gannon, Terry Gannon, Dhruv Khanna, Maya Mansour, Ritesh Tandon and Jeremy Wong. Date of service: 03/09/2021. [12030223] [21-15228] (Dunn, Robert) [Entered: 03/09/2021 08:46 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellants Frances Beaudet, Julie Evarkiou, Carolyn Gannon, Dhruv Khanna, Maya Mansour, Connie Richards, Ritesh Tandon and Jeremy Wong. Date of service: 03/09/2021. [12030222] [21-15228] (Dunn, Robert) [Entered: 03/09/2021 08:33 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: AT): The court has received appellants emergency motion for an injunction pending appeal. The opposition to the motion is due by 5:00 p.m. PST March 10, 2021. The optional reply is due by 9:00 a.m. PST March 12, 2021. [12025857] (WL) [Entered: 03/05/2021 11:32 AM] |
| Filing 10 Filed (ECF) Appellees Xavier Becerra, Gavin Newsom, Erica Pan and Sandra Shewry response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 03/05/2021. [12025548] [21-15228] (Haddad, Lara) [Entered: 03/05/2021 09:43 AM] |
| Filing 9 Filed (ECF) Appellants Frances Beaudet, Karen Busch, Carolyn Gannon, Terry Gannon, Dhruv Khanna, Maya Mansour, Connie Richards, Ritesh Tandon and Jeremy Wong EMERGENCY Motion for injunction pending appeal. Date of service: 03/04/2021. [12025182] [21-15228] (Dunn, Robert) [Entered: 03/04/2021 05:19 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 02/16/2021. 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.[12005535]. [21-15228] (AD) [Entered: 02/16/2021 06:44 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 02/16/2021. 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.[12005533]. [21-15228] (AD) [Entered: 02/16/2021 06:44 PM] |
| Filing 6 Filed (ECF) Appellees Xavier Becerra, Gavin Newsom, Sandra Shewry and Erica Pan Mediation Questionnaire. Date of service: 02/16/2021. [12004989] [21-15228] (Haddad, Lara) [Entered: 02/16/2021 03:25 PM] |
| Filing 5 Filed (ECF) Appellees Jeffrey V. Smith and Sara H. Cody Mediation Questionnaire. Date of service: 02/16/2021. [12004483] [21-15228] (Bussey, Jason) [Entered: 02/16/2021 01:26 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 02/11/2021. 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.[12001521]. [21-15228] (AD) [Entered: 02/11/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellants Frances Beaudet, Karen Busch, Julie Evarkiou, Terry Gannon, Dhruv Khanna, Maya Mansour, Connie Richards and Ritesh Tandon Mediation Questionnaire. Date of service: 02/11/2021. [12001080] [21-15228] (Dunn, Robert) [Entered: 02/11/2021 03:03 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 9, 2021 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 March 9, 2021; the answering brief is due April 6, 2021 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. [11998806] (WL) [Entered: 02/10/2021 09:18 AM] |
| 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. [11998185] (JBS) [Entered: 02/09/2021 03:16 PM] |
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