Marciano Plata, et al v. Gavin Newsom, et al
| MARCIANO PLATA, RAY STODERD, LESLIE RHOADES and CLIFFORD MYELLE |
| GAVIN NEWSOM, Governor of the State of California and KATHLEEN ALLISON, Secretary of the California Department of Corrections and Rehabilitation |
| J. CLARK KELSO |
| 21-16696 |
| October 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for March 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12310323]. [21-16696, 21-16816] (KS) [Entered: 12/08/2021 02:31 PM] |
| Filing 29 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12302280] (LW) [Entered: 12/01/2021 10:34 AM] |
| Filing 28 Filed order (WILLIAM A. FLETCHER, SANDRA S. IKUTA and MARK J. BENNETT): Appellants motion (Docket Entry No. [ # 9 ] in appeal No. 21-16696) to stay the district courts September 27, 2021 and October 27, 2021 orders pending appeal is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009). The court sua sponte expedites the briefing and calendaring of these appeals. The opening briefs and excerpts of record are due December 13, 2021; the answering briefs are due January 13, 2022; and the optional reply briefs are due within 21 days after service of the answering brief. No streamlined extensions of time will be approved. See Ninth Circuit Rule 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. The Clerk will place these appeals on the calendar for March 2022. See 9th Cir. Gen. Order 3.3(g). [12298790] [21-16696, 21-16816] (AF) [Entered: 11/26/2021 04:00 PM] |
| Filing 27 Filed (ECF) Appellants Kathleen Allison and Gavin Newsom reply to response (). Date of service: 11/26/2021. [12298377] [21-16696] (Ehlenbach, Martha) [Entered: 11/26/2021 08:16 AM] |
| Filing 26 Added Attorney(s) Jonathan Meltzer, Katherine M. Forster, Robert Emmett Bowen, Xiaonan April Hu for party(s) Appellee J. Clark Kelso, in case 21-16696. [12297344] (NAC) [Entered: 11/24/2021 07:21 AM] |
| Filing 25 Added Attorney(s) Brad D. Brian for party(s) Appellee J. Clark Kelso, in case 21-16696. [12297343] (NAC) [Entered: 11/24/2021 07:18 AM] |
| Filing 24 Notice of Appearance (ECF Filing) [15] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12297342] (NAC) [Entered: 11/24/2021 07:16 AM] |
| Filing 23 Notice of Appearance (ECF Filing) [14] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12297341] (NAC) [Entered: 11/24/2021 07:15 AM] |
| Filing 22 Filed (ECF) Appellees Clifford Myelle, Marciano Plata, Leslie Rhoades and Ray Stoderd response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 11/23/2021. [12297322] [21-16696] (Bixby, Laura) [Entered: 11/23/2021 09:24 PM] |
| Filing 21 Filed (ECF) Appellee J. Clark Kelso response to motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 11/23/2021. [12297285] [21-16696] (Brian, Brad) [Entered: 11/23/2021 06:20 PM] |
| Filing 20 Filed (ECF) notice of appearance of Jonathan S. Meltzer (Munger, Tolles & Olson LLP 601 Massachusetts Ave. NW, Suite 500E Washington, D.C. 20001) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297278] [21-16696] (Meltzer, Jonathan) [Entered: 11/23/2021 06:00 PM] |
| Filing 19 Filed (ECF) notice of appearance of Xiaonan April Hu (Munger, Tolles & Olson LLP, 601 Massachusetts Ave. NW, Suite 500E, Washington, D.C. 20001-5369) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297277] [21-16696] (Hu, Xiaonan) [Entered: 11/23/2021 05:59 PM] |
| Filing 18 Filed (ECF) notice of appearance of Katherine M. Forster (Munger, Tolles & Olson LLP 350 South Grand Avenue Fiftieth Floor Los Angeles, California 90071) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297276] [21-16696] (Forster, Katherine) [Entered: 11/23/2021 05:58 PM] |
| Filing 17 Filed (ECF) notice of appearance of Robert E. Bowen (Munger, Tolles & Olson LLP 350 South Grand Avenue Fiftieth Floor Los Angeles, California 90071) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297274] [21-16696] (Bowen, Robert) [Entered: 11/23/2021 05:54 PM] |
| Filing 16 Filed (ECF) notice of appearance of Brad D. Brian (Munger, Tolles & Olson LLP 350 South Grand Avenue Fiftieth Floor Los Angeles, California 90071) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297273] [21-16696] (Brian, Brad) [Entered: 11/23/2021 05:50 PM] |
| Filing 15 Filed (ECF) notice of appearance of Robert E. Bowen (Munger, Tolles & Olson LLP, 350 S. Grand Avenue, 50th Floor, Los Angeles CA 90071) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297272] [21-16696] (Forster, Katherine) [Entered: 11/23/2021 05:42 PM] |
| Filing 14 Filed (ECF) notice of appearance of Brad D. Brian (Munger, Tolles & Olson LLP, 350 S. Grand Avenue, 50th Floor, Los Angeles CA 90071) for Appellee J. Clark Kelso. Date of service: 11/23/2021. (Party was previously proceeding with counsel.) [12297267] [21-16696] (Forster, Katherine) [Entered: 11/23/2021 05:38 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: MD): The court has received appellants emergency motion at Docket Entry No. [ # 9 ]. The motion for an extension of time to file a response to the emergency motion (Docket Entry No. [ # 12 ]) is denied. Any response to the emergency motion is due November 23, 2021. The optional reply is due by 9:00 AM Pacific Time on November 26, 2021. [12294101] (OC) [Entered: 11/19/2021 05:53 PM] |
| Filing 12 Filed (ECF) Appellees Clifford Myelle, Marciano Plata, Leslie Rhoades and Ray Stoderd Motion to extend time to file a response until 12/06/2021. Date of service: 11/19/2021. [12293827] [21-16696] (Bixby, Laura) [Entered: 11/19/2021 03:41 PM] |
| Filing 11 Added Attorney(s) Laura Bixby for party(s) Appellee Marciano Plata Appellee Leslie Rhoades Appellee Clifford Myelle Appellee Ray Stoderd, in case 21-16696. [12293806] (NAC) [Entered: 11/19/2021 03:34 PM] |
| Filing 10 Filed (ECF) notice of appearance of Laura Katherine Bixby (Prison Law Office, 1917 Fifth St. Berkeley, CA 94710) for Appellees Marciano Plata, Leslie Rhoades, Clifford Myelle and Ray Stoderd. Date of service: 11/19/2021. (Party was previously proceeding with counsel.) [12293790] [21-16696] (Bixby, Laura) [Entered: 11/19/2021 03:28 PM] |
| Filing 9 Filed (ECF) Appellants Kathleen Allison and Gavin Newsom EMERGENCY Motion for miscellaneous relief [Emergency Motion to Stay Under Circuit Rule 27-3; Motion for Expedited Briefing], Motion to expedite case. Date of service: 11/18/2021. [12292624] [21-16696] (Ehlenbach, Martha) [Entered: 11/18/2021 11:34 PM] |
| Filing 8 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN AssessmentConference, 12/01/2021, 10:00 a.m. Pacific Time. (originally scheduled on 11/17/2021 ). [12283857] [21-16696, 21-16816] (VS) [Entered: 11/10/2021 09:57 AM] |
| Filing 7 Received copy of amended notice of appeal from district court. [12278217] (NAC) [Entered: 11/04/2021 11:17 AM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 11/17/2021, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12278090] (VS) [Entered: 11/04/2021 10:04 AM] |
| Filing 5 Added Attorney(s) Martha P. Ehlenbach for party(s) Appellant Kathleen Allison Appellant Gavin Newsom, in case 21-16696. [12273033] (NAC) [Entered: 10/29/2021 01:30 PM] |
| Filing 4 Filed (ECF) notice of appearance of Martha Ehlenbach (Office of the Attorney General - Department of Justice - 1300 I Street, Sacramento, CA 95814) for Appellants Kathleen Allison and Gavin Newsom. Date of service: 10/29/2021. (Party was previously proceeding with counsel.) [12273026] [21-16696] (Ehlenbach, Martha) [Entered: 10/29/2021 01:26 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 10/21/2021. 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.[12265155]. [21-16696] (AD) [Entered: 10/21/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Gavin Newsom and Kathleen Allison Mediation Questionnaire. Date of service: 10/21/2021. [12265113] [21-16696] (Hasan, Iram) [Entered: 10/21/2021 05:32 PM] |
Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Kathleen Allison and Gavin Newsom Mediation Questionnaire due on 10/21/2021. Transcript ordered by 11/12/2021. Transcript due 12/13/2021. Appellants Kathleen Allison and Gavin Newsom opening brief due 01/20/2022. Appellees J. Clark Kelso, Clifford Myelle, Marciano Plata, Leslie Rhoades and Ray Stoderd answering brief due 02/22/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12256997] (JBS) [Entered: 10/14/2021 11:47 AM]
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