Marciano Plata, et al v. California Correctional Peace, et al
| GAVIN NEWSOM, Governor of the State of California and KATHLEEN ALLISON, Secretary of the California Department of Corrections and Rehabilitation |
| MARCIANO PLATA, RAY STODERD, LESLIE RHOADES and CLIFFORD MYELLE |
| CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION |
| J. CLARK KELSO |
| SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 |
| 21-16816 |
| October 28, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Received 6 paper copies of Amicus Brief [ # 18 ] filed by Service Employees International Union, Local 1000. [12324141] (SD) [Entered: 12/23/2021 01:20 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 10 ] filed by CCPOA. [12322177] (SD) [Entered: 12/21/2021 03:04 PM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 11 ] in 3 volume(s) and index volume filed by Appellant CCPOA. [12322132] (KWG) [Entered: 12/21/2021 02:49 PM] |
| Filing 19 Filed clerk order: The amicus brief [ # 18 ] submitted by Service Employees International Union, Local 1000 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12321446] (KWG) [Entered: 12/21/2021 08:45 AM] |
| Filing 17 Entered appearance of Amicus Curiae Service Employees International Union, Local 1000. [12321421] (KWG) [Entered: 12/21/2021 08:33 AM] |
| Filing 18 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Service Employees International Union, Local 1000. Date of service: 12/17/2021. (Court entered filing originally filed in [16].) [12321433] (KWG) [Entered: 12/21/2021 08:38 AM] |
| Filing 16 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Has consent, see Correct Entry: [ # 18 ]. Original Text: Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Service Employees International Union, Local 1000. Date of service: 12/17/2021. [12319872] [21-16816] (Witherspoon, Theresa) [Entered: 12/17/2021 05:19 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 10 ] submitted by CCPOA 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 [ # 11 ] submitted by CCPOA 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. [12319092] (JMR) [Entered: 12/17/2021 11:18 AM] |
| Filing 14 Filed (ECF) Attorney Gregg McLean Adam, Esquire for Appellant CCPOA response to notice for case being considered for oral argument. Date of service: 12/15/2021. [12316789] [21-16816] (Adam, Gregg) [Entered: 12/15/2021 01:33 PM] |
| Filing 13 Added Attorney(s) Laura Bixby for party(s) Appellee Marciano Plata Appellee Leslie Rhoades Appellee Clifford Myelle Appellee Ray Stoderd, in case 21-16816. [12315212] (NAC) [Entered: 12/14/2021 10:46 AM] |
| Filing 12 Filed (ECF) notice of appearance of Laura K. Bixby (Prison Law Office, 1917 5th St., Berkeley, CA 94710) for Appellees Clifford Myelle, Marciano Plata, Leslie Rhoades and Ray Stoderd. Date of service: 12/14/2021. (Party was previously proceeding with counsel.) [12315188] [21-16816] (Bixby, Laura) [Entered: 12/14/2021 10:38 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant CCPOA. Date of service: 12/13/2021. [12314875] [21-16816]--[COURT UPDATE: Attached corrected excerpts. 12/17/2021 by JMR] (Adam, Gregg) [Entered: 12/14/2021 12:01 AM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant CCPOA. Date of service: 12/13/2021. [12314874] [21-16816]--[COURT UPDATE: Attached corrected brief. 12/17/2021 by JMR] (Adam, Gregg) [Entered: 12/13/2021 11:58 PM] |
| Filing 9 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 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12302276] (LW) [Entered: 12/01/2021 10:29 AM] |
| Filing 7 Filed order (WILLIAM A. FLETCHER, SANDRA S. IKUTA and MARK J. BENNETT): Appellants motion (Docket Entry No. [ # 12292624-2 ] 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 6 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 5 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. [12283221] (VS) [Entered: 11/09/2021 03:15 PM] |
| Filing 4 Received copy of amended notice of appeal from district court. [12281477] (NAC) [Entered: 11/08/2021 02:32 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 11/04/2021. 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.[12279102]. [21-16816] (AD) [Entered: 11/04/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellant CCPOA Mediation Questionnaire. Date of service: 11/04/2021. [12278503] [21-16816] (Adam, Gregg) [Entered: 11/04/2021 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant California Correctional Peace Officers Association Mediation Questionnaire due on 11/04/2021. Transcript ordered by 11/29/2021. Transcript due 12/27/2021. Appellant California Correctional Peace Officers Association opening brief due 02/03/2022. Appellees J. Clark Kelso, Clifford Myelle, Marciano Plata, Leslie Rhoades and Ray Stoderd answering brief due 03/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12271980] (RT) [Entered: 10/28/2021 02:20 PM] |
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