Marie Joyce v. County of Pierce, et al
| MARIE JOYCE, Personal Representative of the estate of Brent Lee Heath |
| COUNTY OF PIERCE, a municipal corporation, CARL SHANKS and JANE DOE SHANKS, and the marital community comprised thereof |
| 21-35550 |
| July 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 13 Added Attorney(s) Kenneth Robert Friedman for party(s) Appellee Marie Joyce, in case 21-35550. [12208736] (DJV) [Entered: 08/23/2021 01:39 PM] |
| Filing 12 Filed (ECF) notice of appearance of Kenneth R. Friedman (Friedman Rubin, PLLP, 1126 Highland Avenue, Bremerton, WA 98337) for Appellee Marie Joyce. Date of service: 08/23/2021. (Party was previously proceeding with counsel.) [12208728] [21-35550] (Friedman, Kenneth) [Entered: 08/23/2021 01:36 PM] |
| Filing 11 Filed order MEDIATION (CG): There will be a mediation held by video in this matter on September 7, 2021, at 8:30 a.m. Pacific Time. The session is scheduled for four hours. Counsel will receive access and confidentiality information by email. See Circuit Rule 33-1(c). The conference must be attended by the parties (or party representatives) and their respective counsel. Counsel must contact the mediator in advance of the conference if their clients or individuals attending the conference on behalf of their clients have anything less than full, discretionary decision-making authority. No later than seven days before the conference, counsel is requested to inform the mediator and the other attorneys in the case by email of the names of planned participants. Also, no later than seven days before the conference, the parties should provide the mediator with any material they would like him to review in preparation for the conference. It may include court orders, party memoranda and correspondence. A party may, but need not, prepare a mediation statement (which may be confidential) for the conference. Each attorney shall advise the others of the materials supplied to the mediator. Suggestions for preparing for the mediation can be found on the courts website: https://www.ca9.uscourts.gov/mediation/view.php?pk_id=0000000673 [12207425] (WL) [Entered: 08/20/2021 01:54 PM] |
| Filing 10 Streamlined request [9] by Appellants County of Pierce, Carl Shanks and Jane Doe Shanks to extend time to file the brief is approved. Amended briefing schedule: Appellants County of Pierce, Carl Shanks and Jane Doe Shanks opening brief due 10/07/2021. Appellee Marie Joyce answering brief due 11/08/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12206552] (JN) [Entered: 08/19/2021 04:43 PM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants County of Pierce, Carl Shanks and Jane Doe Shanks. New requested due date is 10/07/2021. [12206453] [21-35550] (Cornelius, Frank) [Entered: 08/19/2021 03:56 PM] |
| Filing 8 Added Attorney(s) Ronald Jaesung Park for party(s) Appellee Marie Joyce. [12203846] (RL) [Entered: 08/17/2021 01:44 PM] |
| Filing 7 Filed (ECF) notice of appearance of Ronald J. Park (Friedman Rubin, PLLP, 1109 First Avenue, Suite 501, Seattle, WA 98101) for Appellee Marie Joyce. Date of service: 08/17/2021. (Party was previously proceeding with counsel.) [12203786] [21-35550] (Park, Ronald) [Entered: 08/17/2021 01:16 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 08/17/2021, 2:30 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12184032] (LW) [Entered: 07/27/2021 11:16 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 07/26/2021. 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.[12182937]. [21-35550] (AD) [Entered: 07/26/2021 12:44 PM] |
| Filing 4 Filed (ECF) Appellants County of Pierce, Carl Shanks and Jane Doe Shanks Mediation Questionnaire. Date of service: 07/26/2021. [12182616] [21-35550] (Cornelius, Frank) [Entered: 07/26/2021 10:43 AM] |
| Filing 3 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12182524] (LW) [Entered: 07/26/2021 10:03 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): In addition to all other issues the parties wish to raise in their briefs, the parties are directed to address the basis for this courts jurisdiction over this appeal as to each appellant. See Villanueva v. California, 986 F.3d 1158, 1164 (9th Cir. 2021) (court of appeals has jurisdiction over interlocutory appeal from denial of qualified immunity only to the extent that it turns on an issue of law) (citation omitted); Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). The previously established briefing schedule remains in effect. [12173457] (OC) [Entered: 07/15/2021 11:55 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants County of Pierce, Carl Shanks and Jane Doe Shanks Mediation Questionnaire due on 07/16/2021. Appellants County of Pierce, Carl Shanks and Jane Doe Shanks opening brief due 09/07/2021. Appellee Marie Joyce answering brief due 10/06/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12168049] (JBS) [Entered: 07/09/2021 11:32 AM] |
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