Anthony Chatman, et al v. Max Otani
| ANTHONY K. CHATMAN, FRANCISCO ALVARADO, ZACHARY GRANADOS, TYNDALE MOBLEY and JOSEPH DEGUAIR, individually and on behalf of all others similarly situated |
| MAX N. OTANI, Director of the State of Hawaii Department of Public Safety, in his official capacity |
| 21-16324 |
| August 16, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 21 Filed order (Deputy Clerk: MN) Appellants motion for voluntary dismissal of these appeals (Docket Entry No. [ # 20 ] in No. 21-16324; Docket Entry No. 10 in No. 21-16364) is granted. These appeals are dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. [12231066] [21-16324, 21-16364] (WL) [Entered: 09/16/2021 04:58 PM] |
| Filing 20 Filed (ECF) Appellant Max N. Otani in 21-16364, 21-16324 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 09/16/2021. [12230616] [21-16364, 21-16324] (McLean, Nicholas) [Entered: 09/16/2021 01:47 PM] |
| Filing 19 Filed (ECF) Appellant Max N. Otani in 21-16324, 21-16364 Correspondence: Letter requesting stay of briefing deadlines pending final approval of proposed settlement agreement at district court.. Date of service: 09/08/2021 [12223372] [21-16324, 21-16364] (Connors, Clare) [Entered: 09/08/2021 03:00 PM] |
| Filing 18 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 appeals are pending. [12214384] [21-16324, 21-16364] (BLS) [Entered: 08/27/2021 05:09 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: MN): Appellants motion to withdraw (Docket Entry No. [ # 16 ] in No. 21-16324) the emergency motion for a stay of the district courts preliminary injunction pending appeal and an immediate administrative stay is granted. The emergency motion (Docket Entry No. [ # 9 ] in No. 21-16324) is withdrawn. The motion to consolidate these appeals is granted. Appeal Nos. 21-16324 and 21-16364 are consolidated. The following briefing schedule shall govern these consolidated appeals: the consolidated opening brief and excerpts of record are due September 16, 2021; the consolidated answering brief is due October 14, 2021 or 28 days after service of the consolidated opening brief, whichever is earlier; and the consolidated 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 consolidated opening brief shall result in the automatic dismissal of these appeals by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12214008] [21-16324, 21-16364] (WL) [Entered: 08/27/2021 02:51 PM] |
| Filing 16 Filed (ECF) Appellant Max N. Otani Correspondence: Letter withdrawing emergency motion to stay. Date of service: 08/25/2021 [12211091] [21-16324] (Connors, Clare) [Entered: 08/25/2021 10:55 AM] |
| Filing 15 Filed (ECF) Appellees Francisco Alvarado, Anthony K. Chatman, Joseph Deguair, Zachary Granados and Tyndale Mobley response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 08/24/2021. [12210644] [21-16324] (Szeto-Wong, Gina) [Entered: 08/24/2021 10:17 PM] |
| Filing 14 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 08/27/2021, 2:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12208015] [21-16324, 21-16364] (BLS) [Entered: 08/23/2021 05:07 AM] |
| Filing 13 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion for a stay of the district courts preliminary injunction pending appeal and an immediate administrative stay. Any response to the motion is due on August 24, 2021. An optional reply in support of the motion is due August 25, 2021. [12207121] (WL) [Entered: 08/20/2021 11:29 AM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 08/19/2021. 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.[12206708]. [21-16324] (AD) [Entered: 08/20/2021 06:44 AM] |
| Filing 11 Filed (ECF) Appellant Max N. Otani Motion to consolidate cases 21-16324 and 21-16364. Date of service: 08/19/2021. [12206657] [21-16324] (McLean, Nicholas) [Entered: 08/19/2021 06:58 PM] |
| Filing 10 Filed (ECF) Appellant Max N. Otani Mediation Questionnaire. Date of service: 08/19/2021. [12206655] [21-16324] (McLean, Nicholas) [Entered: 08/19/2021 06:52 PM] |
| Filing 9 Filed (ECF) Appellant Max N. Otani EMERGENCY Motion to stay lower court action. Date of service: 08/19/2021. [12206254] [21-16324] (Connors, Clare) [Entered: 08/19/2021 02:40 PM] |
| Filing 8 Added Attorney(s) Clare Connors for party(s) Appellant Max N. Otani, in case 21-16324. [12206240] (RR) [Entered: 08/19/2021 02:35 PM] |
| Filing 7 Filed (ECF) notice of appearance of Clare E. Connors (Department of the Attorney General, 425 Queen Street, Honolulu, Hawaii 96813) for Appellant Max N. Otani. Date of service: 08/19/2021. (Party was previously proceeding with counsel.) [12206183] [21-16324] (Connors, Clare) [Entered: 08/19/2021 02:09 PM] |
| Filing 6 Filed (ECF) Appellant Max N. Otani Correspondence: Appellant's Initial Notice Under Circuit Rule 10-3.1. Date of service: 08/18/2021 [12204955] [21-16324] (McLean, Nicholas) [Entered: 08/18/2021 02:17 PM] |
| Filing 5 Added Attorney(s) Kimberly Tsumoto Guidry, Nicholas Matthew McLean for party(s) Appellant Max N. Otani, in case 21-16324. [12204244] (RR) [Entered: 08/17/2021 05:27 PM] |
| Filing 4 Filed (ECF) notice of appearance of Kimberly Tsumoto Guidry (State of Hawaii, Department of the Attorney General) for Appellant Max N. Otani. Date of service: 08/17/2021. (Party was previously proceeding with counsel.) [12204215] [21-16324] (Guidry, Kimberly) [Entered: 08/17/2021 04:56 PM] |
| Filing 3 Filed (ECF) notice of appearance of Nicholas M. McLean (State of Hawaii, Department of the Attorney General) for Appellant Max N. Otani. Date of service: 08/17/2021. (Party was previously proceeding with counsel.) [12204213] [21-16324] (McLean, Nicholas) [Entered: 08/17/2021 04:53 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 12, 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 September 9, 2021; the answering brief is due October 7, 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. [12203823] (WL) [Entered: 08/17/2021 01:34 PM] |
| 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. [12202077] (RT) [Entered: 08/16/2021 09:27 AM] |
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