California Chamber of Commerce v. Rob Bonta, et al
| XAVIER BECERRA and ROB BONTA |
| COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS, a California public benefit corporation |
| CALIFORNIA CHAMBER OF COMMERCE |
| PENNY NEWMAN and CHEMICAL TOXIN WORKING GROUP INC. DBA HEALTHY LIVING FOUNDATION INC. |
| CONSUMER BRANDS ASSOCIATION, AMERICAN BAKERS ASSOCIATION, AMERICAN BEVERAGE ASSOCIATION, CALIFORNIA GRAIN AND FEED ASSOCIATION, CALIFORNIA LEAGUE OF FOOD PRODUCERS, CALIFORNIA GROCERS ASSOCIATION, CALIFORNIA RETAILERS ASSOCIATION, CALIFORNIA SEED ASS |
| 21-15745 |
| April 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 California Chamber of Commerce v. Council for Education and Research on Toxics
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CALIFORNIA CHAMBER OF COMMERCE V. CERT, ET AL
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Docket Report
RSS Track this Docket
This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 Entered appearance of Amici Curiae - Pending Consumer Brands Association, et al. [12153079] (KWG) [Entered: 06/24/2021 09:51 AM] |
| Filing 33 Filed (ECF) Intervenor - Pending Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc. response to motion ([ # 28 ] Motion (ECF Filing), [ # 28 ] Motion (ECF Filing)). Date of service: 06/23/2021. [12152825] [21-15745] (Poulsen, Aida) [Entered: 06/23/2021 11:26 PM] |
| Filing 32 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Consumer Brands Association, American Bakers Association, American Beverage Association, California Grain and Feed Association, California League of Food Producers, California Grocers Association, California Retailers Association, et al.. Date of service: 06/23/2021. [12152804] [21-15745] (Margulies, Jeffrey) [Entered: 06/23/2021 09:23 PM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 25 ] filed by California Chamber of Commerce. [12152176] (AML) [Entered: 06/23/2021 01:22 PM] |
| Filing 30 Received 3 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by Appellee California Chamber of Commerce. [12152162] (KWG) [Entered: 06/23/2021 01:14 PM] |
| Filing 29 Filed (ECF) Appellee California Chamber of Commerce response opposing motion ([ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing) motion to intervene). Date of service: 06/21/2021. [12150100] [21-15745] (Norris, Trenton) [Entered: 06/21/2021 08:09 PM] |
| Filing 28 Filed (ECF) Appellee California Chamber of Commerce Motion for miscellaneous relief [Request for Leave to File Objection]. Date of service: 06/21/2021. [12150038] [21-15745] (Norris, Trenton) [Entered: 06/21/2021 05:51 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 25 ] submitted by California Chamber of Commerce 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 [ # 26 ] submitted by California Chamber of Commerce 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. [12149120] (KT) [Entered: 06/21/2021 11:17 AM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee California Chamber of Commerce. Date of service: 06/16/2021. [12149108]--[COURT ENTERED FILING to correct entry [ # 25 ].] (KT) [Entered: 06/21/2021 11:14 AM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellee California Chamber of Commerce. Date of service: 06/16/2021. [12146557] [21-15745]--[COURT UPDATE: attached corrected PDF of answering brief, removed PDF of supplemental excerpts of record, re-entered correctly in entry [ # 26 ]. 06/21/2021 by KT] (Norris, Trenton) [Entered: 06/16/2021 05:27 PM] |
| Filing 24 Filed (ECF) Intervenor - Pending Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc. Correspondence: Errata to reply to response. Date of service: 06/16/2021. [12146022] [21-15745] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 6/17/2021 by TYL] (Poulsen, Aida) [Entered: 06/16/2021 12:33 PM] |
| Filing 23 Filed (ECF) Intervenor - Pending Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc. reply to response (). Date of service: 06/14/2021. [12143949] [21-15745] (Poulsen, Aida) [Entered: 06/14/2021 11:34 PM] |
| Filing 22 Entered appearance of Intervenor - Pending Penny Newman. [12141651] (JFF) [Entered: 06/11/2021 10:36 AM] |
| Filing 21 Filed (ECF) Penny Newman Motion to intervene. Date of service: 06/10/2021. [12141284] [21-15745] (Poulsen, Aida) [Entered: 06/10/2021 10:27 PM] |
| Filing 20 Filed (ECF) Appellee California Chamber of Commerce response to motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 06/07/2021. [12136721] [21-15745] (Norris, Trenton) [Entered: 06/07/2021 09:15 PM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 12 ] in 13 volume(s) and index volume filed by Appellant Council For Education and Research On Toxics. [12129714] (KWG) [Entered: 06/01/2021 01:55 PM] |
| Filing 18 Filed (ECF) Intervenor - Pending Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc. Correspondence: Addendum to motion to intervene. Date of service: 05/30/2021. [12128894] [21-15745]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 06/01/2021 by SLM] (Poulsen, Aida) [Entered: 05/30/2021 07:12 PM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 11 ] filed by Council For Education and Research On Toxics. [12128664] (SD) [Entered: 05/28/2021 04:47 PM] |
| Filing 16 Filed order (RICHARD A. PAEZ, MARSHA S. BERZON and DANIELLE J. FORREST) (Judge FORREST, Dissenting) Appellant Council for Education and Research on Toxics (CERT) appeals the district courts March 29, 2021 preliminary injunction barring new lawsuits that seek to enforce Californias Proposition 65 warning requirement for acrylamide exposure. CERT moves for an emergency stay of the preliminary injunction pending appeal (Docket Entry No. [ # 5 ]). In evaluating a motion for stay pending appeal we consider four factors: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Nken v. Holder, 556 U.S. 418, 426 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)).....We therefore grant in part CERTs emergency motion to stay the district courts March 29, 2021 preliminary injunction order. We stay the preliminary injunction to the extent it bars any private enforcer, including CERT, from fil[ing] or prosecut[ing] a new lawsuit to enforce the Proposition 65 warning requirement for cancer as applied to acrylamide in food and beverage products. This stay shall remain in effect during the pendency of this appeal or until further order of this court. The existing briefing schedule remains in effect. The Clerk will place this matter on the next available calendar. (SEE ORDER FOR FULL TEXT) [12127496] (OC) [Entered: 05/27/2021 04:42 PM] |
| Filing 15 Entered appearance of Intervenor - Pending Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc.. [12127450] (JFF) [Entered: 05/27/2021 04:19 PM] |
| Filing 14 Filed (ECF) The Chemical Toxin Working Group Inc. dba Healthy Living Foundation Inc. Motion to intervene. Date of service: 05/27/2021. [12127363] [21-15745] (Poulsen, Aida) [Entered: 05/27/2021 03:52 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 11 ] submitted by Council For Education and Research On Toxics 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 [ # 12 ] submitted by Council For Education and Research On Toxics 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. [12119355] (KT) [Entered: 05/20/2021 10:24 AM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Council For Education and Research On Toxics. Date of service: 05/19/2021. [12117766] [21-15745] (Metzger, Raphael) [Entered: 05/19/2021 10:04 AM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Council For Education and Research On Toxics. Date of service: 05/19/2021. [12117758] [21-15745] (Metzger, Raphael) [Entered: 05/19/2021 10:01 AM] |
| 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. [12109170] (BLS) [Entered: 05/11/2021 12:42 PM] |
| Filing 9 Filed (ECF) Appellant Council For Education and Research On Toxics reply to response (motion to stay lower court action, ). Date of service: 05/10/2021. [12107271] [21-15745] (Metzger, Raphael) [Entered: 05/10/2021 10:35 AM] |
| Filing 8 - Xavier Becerra in 21-15745 substituted by - Rob Bonta in 21-15745 [12107235] (TYL) [Entered: 05/10/2021 10:23 AM] |
| Filing 7 Filed (ECF) Appellee California Chamber of Commerce response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 05/06/2021. [12105182] [21-15745] (Norris, Trenton) [Entered: 05/06/2021 05:00 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for a stay pending appeal. Any response to that motion is due Thursday, May 6, 2021. The optional reply in support of the motion is due Monday, May 10, 2021. [12100966] (OC) [Entered: 05/04/2021 09:07 AM] |
| Filing 5 Filed (ECF) Appellant Council For Education and Research On Toxics EMERGENCY Motion to stay lower court action. Date of service: 04/30/2021. [12098563] [21-15745] (Metzger, Raphael) [Entered: 04/30/2021 02:54 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 04/29/2021. 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.[12097530]. [21-15745] (AD) [Entered: 04/29/2021 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Council For Education and Research On Toxics Mediation Questionnaire. Date of service: 04/29/2021. [12097009] [21-15745] (Metzger, Raphael) [Entered: 04/29/2021 01:40 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed April 21, 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 May 19, 2021; the answering brief is due June 16, 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. [12088243] (OC) [Entered: 04/27/2021 10:59 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. [12087000] (JBS) [Entered: 04/26/2021 02:53 PM] |
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| Defendant: XAVIER BECERRA | |
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| Defendant: ROB BONTA | |
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| Intervenor defendant / appellant: COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS, a California public benefit corporation | |
| Represented By: | Raphael Metzger Esquire |
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| Plaintiff / appellee: CALIFORNIA CHAMBER OF COMMERCE | |
| Represented By: | David Barnes |
| Represented By: | S. Zachary Fayne |
| Represented By: | Trenton H. Norris Esquire |
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| Intervenor: PENNY NEWMAN | |
| Represented By: | Aida Poulsen |
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| Intervenor: CHEMICAL TOXIN WORKING GROUP INC. DBA HEALTHY LIVING FOUNDATION INC. | |
| Represented By: | Aida Poulsen |
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| Amicus curiae: CONSUMER BRANDS ASSOCIATION, AMERICAN BAKERS ASSOCIATION, AMERICAN BEVERAGE ASSOCIATION, CALIFORNIA GRAIN AND FEED ASSOCIATION, CALIFORNIA LEAGUE OF FOOD PRODUCERS, CALIFORNIA GROCERS ASSOCIATION, CALIFORNIA RETAILERS ASSOCIATION, CALIFORNIA SEED ASS | |
| Represented By: | Jeffrey B. Margulies |
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