Andrew Roberts v. Al Cummings, et al
| SUSAN BALLARD, in her Official Capacity as the Chief of Police of Honolulu County |
| CLARE E. CONNORS, in her Official Capacity as the Attorney General of the State of Hawaii and AL CUMMINGS, in his Official Capacity as the State Sheriff Division Administrator |
| ANDREW NAMIKI ROBERTS |
| 21-15562 |
| March 30, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 11 Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER) This appeal challenges the district courts March 25, 2021 order denying appellants motion to lift the ongoing stay of proceedings in that court. We have jurisdiction under 28 U.S.C. 1291 to review stay orders that impose lengthy or indefinite delays and place a plaintiff effectively out of court. Blue Cross & Blue Shield of Ala. v. Unity Outpatient Surgery Ctr., Inc., 490 F.3d 718, 724 (9th Cir. 2007). In deciding whether to stay an action pending resolution of independent proceedings which may bear upon the case, the district court is required to balance multiple considerations, including the interests of the parties, the public, and the court. See Blue Cross, 490 F.3d at 724; Lockyer v. Mirant Corp., 398 F.3d 1098, 1110-11 (9th Cir. 2005). The challenged stay order, however, does not set forth the district courts analysis or explain its weighing of the relevant factors. We cannot review the district courts exercise of its discretion in weighing these factors unless we know that it has done so and why it reached its result. Blue Cross, 490 F.3d at 724. Accordingly, we remand for the limited purpose of allowing the district court to reconsider its decision and to set forth its reasons for whatever decision it reaches, so that we can properly exercise our powers of review. See id. at 725. Within 30 days after the date of this order, the district court should issue its ruling on remand. Within 7 days after the district courts ruling, appellant shall file a status report and/or a motion for appropriate relief. The motion for summary reversal will be addressed following termination of the limited remand. The Clerk will send a copy of this order to the district court. [12112284] (TSP) [Entered: 05/13/2021 02:47 PM] |
| Filing 10 MEDIATION ORDER FILED: 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. [12089122] (CL) [Entered: 04/27/2021 04:48 PM] |
| Filing 9 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/27/2021, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12074431] (CL) [Entered: 04/14/2021 03:08 PM] |
| Filing 8 Filed (ECF) Appellant Andrew Namiki Roberts reply to response (). Date of service: 04/14/2021. [12073366] [21-15562] (Stamboulieh, Stephen) [Entered: 04/14/2021 04:55 AM] |
| Filing 7 Filed (ECF) Appellees Clare E. Connors and Al Cummings response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 04/09/2021. [12069883] [21-15562]--[COURT UPDATE: Attached corrected response. 04/09/2021 by SLM] (Nakatsuji, Robert) [Entered: 04/09/2021 03:54 PM] |
| Filing 6 Added Attorney(s) Robert Tadao Nakatsuji for party(s) Appellee Clare E. Connors Appellee Al Cummings. [12069704] (RL) [Entered: 04/09/2021 02:48 PM] |
| Filing 5 Filed (ECF) notice of appearance of Robert T. Nakatsuji (Department of the Attorney General, State of Hawaii, 425 Queen Street, Honolulu, Hawaii 96813) for Appellees Clare E. Connors and Al Cummings. Date of service: 04/09/2021. (Party was previously proceeding with counsel.) [12069541] [21-15562] (Nakatsuji, Robert) [Entered: 04/09/2021 01:40 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 03/31/2021. 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.[12059522]. [21-15562] (AD) [Entered: 03/31/2021 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Andrew Namiki Roberts Mediation Questionnaire. Date of service: 03/31/2021. [12059216] [21-15562] (Stamboulieh, Stephen) [Entered: 03/31/2021 10:06 AM] |
| Filing 2 Filed (ECF) Appellant Andrew Namiki Roberts Motion for summary disposition. Date of service: 03/31/2021. [12059196] [21-15562] (Stamboulieh, Stephen) [Entered: 03/31/2021 10:01 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Andrew Namiki Roberts Mediation Questionnaire due on 04/06/2021. Appellant Andrew Namiki Roberts opening brief due 05/25/2021. Appellees Clare E. Connors and Al Cummings answering brief due 06/24/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12058041] (JBS) [Entered: 03/30/2021 10:58 AM] |
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| Defendant / appellee: CLARE E. CONNORS, in her Official Capacity as the Attorney General of the State of Hawaii | |
| Represented By: | John M. Cregor Esquire Jr. |
| Represented By: | Robert Tadao Nakatsuji Esquire |
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| Defendant / appellee: AL CUMMINGS, in his Official Capacity as the State Sheriff Division Administrator | |
| Represented By: | John M. Cregor Esquire Jr. |
| Represented By: | Robert Tadao Nakatsuji Esquire |
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| Defendant: SUSAN BALLARD, in her Official Capacity as the Chief of Police of Honolulu County | |
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| Plaintiff / appellant: ANDREW NAMIKI ROBERTS | |
| Represented By: | Alan Alexander Beck Esquire |
| Represented By: | Stephen D. Stamboulieh |
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