Zane Floyd v. Charles Daniels, et al
| ISHAN AZZAM, Chief Medical Officer |
| ZANE M. FLOYD |
| CHARLES DANIELS, Director, Nevada Department of Corrections;, HAROLD WICKHAM, NDOC Deputy Director of Operations, WILLIAM GITTERE, Warden, WILLIAM REUBART, DAVID DRUMMOND, MICHAEL MINEV, Dr.; NDOC Director of Medical Care,, DAVID GREEN, Dr.; NDOC Director of Mental Health and LINDA FOX, NDOC Director of Pharmacy |
| LAS VEGAS REVIEW-JOURNAL, INC. |
| 21-16134 |
| July 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 27 Received 3 paper copies of excerpts of record [ # 17 ] in 13 volume(s) and index volume filed by Appellants. (sent to panel) [12208297] (KWG) [Entered: 08/23/2021 10:01 AM] |
| Filing 26 Received correction to deficient excerpts of record [ # 17 ] from Appellants: additional copies of volume 3 and 6 of the excerpts. [12208283] (KWG) [Entered: 08/23/2021 09:54 AM] |
| Filing 25 Received Appellants Charles Daniels, David Drummond and Linda Fox 3 paper copies of excerpts of record [ # 17 ] in 11 volume(s) and index volume. Deficiency: insufficient copies of volumes 3 and 6. Corrections required (see attached notice). [12204743] (KWG) [Entered: 08/18/2021 12:10 PM] |
| Filing 24 Received paper copies of Opening Brief [ # 16 ] filed by Appellants. (sent to panel) [12202697] (SD) [Entered: 08/16/2021 02:32 PM] |
| Filing 23 Filed text clerk order (Deputy Clerk: WL): Appellants motion for judicial notice, Docket No. [ # 18 ], is granted. [12199371] (WL) [Entered: 08/12/2021 09:28 AM] |
| Filing 22 Entered appearance of Appellant Linda Fox. [12198591] (WL) [Entered: 08/11/2021 01:34 PM] |
| Filing 21 Filed text clerk order (Deputy Clerk: WL): Appellants motion for miscellaneous relief, Docket No. [ # 20 ], is granted. The docket shall be amended to add Linda Fox, NDOC Director of Pharmacy, as a Defendant-Appellant. [12198579] (WL) [Entered: 08/11/2021 01:29 PM] |
| Filing 20 Filed (ECF) Appellants Charles Daniels, David Drummond, David Green, William Gittere, Michael Minev, William Reubart and Harold Wickham Motion for miscellaneous relief [Motion to Amend the Docket and Add Defendant Linda Fox, NDOC Director of Pharmacy, as an Appellant]. Date of service: 08/11/2021. [12198282] [21-16134] (Conner, Jeffrey) [Entered: 08/11/2021 11:12 AM] |
| Filing 19 Filed clerk order: The opening brief [ # 16 ] 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 [ # 17 ] 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. [12198053] (LA) [Entered: 08/11/2021 09:36 AM] |
| Filing 18 Filed (ECF) Appellants Charles Daniels, David Drummond, William Gittere, David Green, Michael Minev, William Reubart and Harold Wickham Motion to take judicial notice of. Date of service: 08/10/2021. [12197877] [21-16134] (Conner, Jeffrey) [Entered: 08/10/2021 11:41 PM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellants Charles Daniels, David Drummond, William Gittere, David Green, Michael Minev, William Reubart and Harold Wickham. Date of service: 08/10/2021. [12197876] [21-16134] (Conner, Jeffrey) [Entered: 08/10/2021 11:37 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellants Charles Daniels, David Drummond, William Gittere, Michael Minev, William Reubart and Harold Wickham. Date of service: 08/10/2021. [12197873] [21-16134] (Conner, Jeffrey) [Entered: 08/10/2021 11:32 PM] |
| Filing 15 The Mediation Questionnaire for this case was filed on 07/16/2021. 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.[12175395]. [21-16134] (AD) [Entered: 07/16/2021 06:44 PM] |
| Filing 14 Filed (ECF) Appellants Charles Daniels, David Drummond, William Gittere, David Green, Michael Minev, William Reubart and Harold Wickham Mediation Questionnaire. Date of service: 07/16/2021. [12175365] [21-16134] (Conner, Jeffrey) [Entered: 07/16/2021 05:23 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: AC): This appeal 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. In addition to all other issues the parties wish to raise in their briefs, the parties shall address whether this appeal is moot. The opening brief and excerpts of record are due not later than August 10, 2021. The answering brief is due September 7, 2021. 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.[12171641] (WL) [Entered: 07/13/2021 04:19 PM] |
| Filing 12 Filed order (MARSHA S. BERZON, JOHN B. OWENS and MICHELLE T. FRIEDLAND) This afternoon, the parties filed a Joint Notice Regarding Schedule (Docket Entry No. [ # 11 ]) informing this Court that the state court today issued a stay of proceedings in Mr. Floyds case pending the Nevada Supreme Courts ruling on Mr. Floyds pending petition for writ of mandamus and prohibition. The parties report that [a]s a result of the stay, there is no order and warrant of execution for Mr. Floyd during the week of July 26, 2021; and [t]he next status check in state court on the status of Mr. Floyds writ is scheduled for November 12, 2021 .... Accordingly, this Courts July 8, 2021 order, ordering expedited briefing and setting argument for July 19, 2021, is VACATED. A subsequent order, setting a new briefing schedule, will issue in due course. [12168970] (SVG) [Entered: 07/09/2021 06:06 PM] |
| Filing 11 Filed (ECF) Appellee Zane M. Floyd Correspondence: Joint Notice Regarding Schedule. Date of service: 07/09/2021 [12168644] [21-16134] (Anthony, David) [Entered: 07/09/2021 03:29 PM] |
| Filing 10 Notice of Oral Argument on Monday, July 19, 2021 - 1:00 P.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. 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 will be held with all attorneys appearing remotely by video or telephone. The court strongly prefers video arguments whenever possible. 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 form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12167675]. [21-16134]--[Edited 07/09/2021 by KS] (KS) [Entered: 07/09/2021 09:08 AM] |
| Filing 9 Received copy of amended notice of appeal from district court. [12167623] (JFF) [Entered: 07/09/2021 08:43 AM] |
| Filing 8 Filed order (MARSHA S. BERZON, JOHN B. OWENS and MICHELLE T. FRIEDLAND) Defendants-Appellants Unopposed Motion For Expedited Treatment on Appeal (Docket Entry No. [ # 4 ]) is granted in part. The appeal is expedited as follows. Defendants-Appellants opening brief is due Monday, July 12, 2021 at 3 p.m. Pacific Time. Floyds answering brief is due Thursday, July 15, 2021 at 3 p.m. Pacific Time. Defendants-Appellants reply brief is due Saturday, July 17, 2021 at 3 p.m. Pacific Time. Oral argument will be held on Monday, July 19, 2021 at 1 p.m. Pacific Time. The parties, as well as the judges, will appear for argument by video. [12167437] (SVG) [Entered: 07/08/2021 05:43 PM] |
| Filing 7 Filed (ECF) Appellants Charles Daniels, David Drummond, William Gittere, David Green, Michael Minev, William Reubart and Harold Wickham Correspondence: Notice of Errata to Unopposed Motion for Expedited Treatment on Appeal. Date of service: 07/08/2021 [12166521] [21-16134] (Conner, Jeffrey) [Entered: 07/08/2021 11:46 AM] |
| Filing 6 Added Attorney(s) Ellesse Henderson for party(s) Appellee Zane Floyd, in case 21-16134. [12166480] (JFF) [Entered: 07/08/2021 11:34 AM] |
| Filing 5 Filed (ECF) notice of appearance of Ellesse Henderson (Federal Public Defenders Office, 411 E. Bonneville Ave., Suite 250 Las Vegas, NV 89101) for Appellee Zane Floyd. Date of service: 07/08/2021. (Party was previously proceeding with counsel.) [12166429] [21-16134] (Henderson, Ellesse) [Entered: 07/08/2021 11:13 AM] |
| Filing 4 Filed (ECF) Appellants Charles Daniels, David Drummond, William Gittere, David Green, Michael Minev, William Reubart and Harold Wickham Unopposed Motion to expedite case. Date of service: 07/08/2021. [12166272] [21-16134] (Conner, Jeffrey) [Entered: 07/08/2021 10:16 AM] |
| Filing 3 Added Attorney(s) Jeffrey Morgan Conner for party(s) Appellant William Reubart Appellant David Drummond Appellant Harold Wickham Appellant Michael Minev Appellant Charles Daniels Appellant William Gittere Appellant David Green, in case 21-16134. [12166219] (JFF) [Entered: 07/08/2021 10:00 AM] |
| Filing 2 Filed (ECF) notice of appearance of Jeffrey M. Conner (Office of the Nevada Attorney General, 100 N. Carson St., Carson City, Nevada 89701) for Appellants Charles Daniels, Harold Wickham, William Gittere, William Reubart, David Drummond, Michael Minev and David Green. Date of service: 07/08/2021. (Party was previously proceeding with counsel.) [12166135] [21-16134] (Conner, Jeffrey) [Entered: 07/08/2021 09:17 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. [12165762] (RT) [Entered: 07/07/2021 05:23 PM] |
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