LA Alliance for Human Rights, et al v. County of Los Angeles, et al
| CITY OF LOS ANGELES, a municipal entity |
| CHARLES VAN SCOY, KARYN PINSKY, CHARLES MALOW, HARRY TASHDJIAN, JOSEPH BURK, GARY WHITTER, LA ALLIANCE FOR HUMAN RIGHTS, an unincorporated association, GEORGE FREM and LEANDRO SUAREZ |
| LATINO COALITION OF LOS ANGELES and JOSUE TIGUILA |
| COUNTY OF LOS ANGELES, a municipal entity |
| INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, ASSOCIATION OF IDAHO CITIES, WOMEN IN SKID ROW, ASSOCIATION OF WASHINGTON CITIES, WASHINGTON STATE ASSOCIATION OF MUNICIPAL ATTORNEYS, LEAGUE OF OREGON CITIES, LEAGUE OF CALIFORNIA CITIES, SOUTHERN CALIFORNIA ASSOCIATION OF NONPROFIT HOUSING, CSH, AND NON PROFIT AFFORDABLE HOUSING DEVELOPERS, LOS ANGELES HOMELESS SERVICES AUTHORITY, CALIFORNIA STATE ASSOCIATION OF COUNTIES, UNITED WAY OF GREATER LOS ANGELES, HOPE STREET COALITION, CITYGATE NETWORK and TEXAS PUBLIC POLICY FOUNDATION |
| 21-55395 |
| April 22, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 LA Alliance for Human Rights v. County of Los Angeles
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Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
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Filing 100
Filed clerk order (Deputy Clerk: AKM): Costs are awarded to appellants. [12236693] [21-55395, 21-55404, 21-55408] (AKM) [Entered: 09/23/2021 08:57 AM]
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Filing 99
Filed order (JACQUELINE H. NGUYEN, JOHN B. OWENS and MICHELLE T. FRIEDLAND) In light of our concurrently filed opinion, the administrative stay issued on May 13 and extended on June 10, 2021, is hereby VACATED. The County of Los Angeless and City of Los Angeless emergency motions to stay lower court action (case no. 21-55395, docket entry no. 11, and case no. 21-55404, docket entry nos. 5 and 6, respectively) are hereby DENIED as moot. [12236683] [21-55395, 21-55404, 21-55408] (AKM) [Entered: 09/23/2021 08:55 AM]
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Filing 98
FILED OPINION (JACQUELINE H. NGUYEN, JOHN B. OWENS and MICHELLE T. FRIEDLAND) Plaintiffs request that we take judicial notice of a variety of documents filed with the district court concerning the May 27, 2021 hearing, including letters from various non-parties and the transcript of the hearing. We grant the motion. (SEE OPINION FOR FULL TEXT). The district court undoubtedly has broad equitable power to remedy legal violations that have contributed to the complex problem of homelessness in Los Angeles. But that power must be exercised consistent with its discretionary authority and Article III. Because the district court did not do so, we VACATE the preliminary injunction order and REMAND for proceedings consistent with this opinion. VACATED and REMANDED. Judge: JHN Authoring. FILED AND ENTERED JUDGMENT. [12236673] [21-55395, 21-55404, 21-55408] (AKM) [Entered: 09/23/2021 08:52 AM]
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Filing 97
Received 6 paper copies of Amicus Brief [ # 78 ] filed by Hope Street Coalition. [12179141] [21-55395, 21-55404, 21-55408] (SD) [Entered: 07/21/2021 02:41 PM]
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Filing 96
Added Attorney Jason L. Liang for party Amicus Curiae Hope Street Coalition. [12172234] [21-55395, 21-55404, 21-55408] (LA) [Entered: 07/14/2021 11:20 AM]
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Filing 95
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12167478] [21-55395, 21-55404, 21-55408] (DLM) [Entered: 07/08/2021 07:04 PM]
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Filing 94
ARGUED AND SUBMITTED TO JACQUELINE H. NGUYEN, JOHN B. OWENS and MICHELLE T. FRIEDLAND. [12165454] [21-55395, 21-55404, 21-55408] (DLM) [Entered: 07/07/2021 03:12 PM]
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Filing 93
Received 6 paper copies of Reply Brief [ # 84 ] filed by Cangress. [12160653] [21-55395, 21-55404, 21-55408] (SD) [Entered: 07/01/2021 02:33 PM]
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Filing 92
Received 6 paper copies of Amicus Brief [ # 80 ] filed by Citygate Network and Texas Public Policy Foundation. [12159347] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/30/2021 02:20 PM]
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Filing 91
Received 6 paper copies of Reply Brief [ # 79 ] filed by City of Los Angeles. [12159266] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/30/2021 01:55 PM]
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Filing 90
Received 3 paper copies of supplemental excerpts of record [ # 73 ] in 7 volume(s) and index volume filed by Appellees. [12156024] [21-55395, 21-55404, 21-55408] (KWG) [Entered: 06/28/2021 11:25 AM]
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Filing 89
Received 6 paper copies of Answering Brief [ # 76 ] filed by Joseph Burk, et al.. [12155967] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/28/2021 11:12 AM]
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Filing 88
Received 6 paper copies of Reply Brief [ # 83 ] filed by County of Los Angeles. [12155863] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/28/2021 10:29 AM]
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Filing 87
Filed clerk order: The amicus brief [ # 80 ] submitted by Citygate Network and Texas Public Policy Foundation 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. [12154568] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/25/2021 11:47 AM]
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Filing 86
Entered appearance of Amici Curiae Citygate Network and Texas Public Policy Foundation. [12154565] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/25/2021 11:46 AM]
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Filing 85
Filed clerk order: The reply brief [ # 83 ] submitted by Appellant County of Los Angeles is filed. The reply brief [ # 84 ] submitted by Appellant Cangress is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the reply briefs must be gray. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12154371] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/25/2021 10:03 AM]
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Filing 84
Submitted (ECF) Reply Brief for review. Submitted by Appellant Cangress in 21-55408. Date of service: 06/24/2021. [12154057] [21-55408, 21-55395, 21-55404] (Myers, Shayla) [Entered: 06/24/2021 11:50 PM]
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Filing 83
Submitted (ECF) Reply Brief for review. Submitted by Appellant County of Los Angeles in 21-55395. Date of service: 06/24/2021. [12154011] [21-55395, 21-55404, 21-55408] (Hashmall, Jennifer) [Entered: 06/24/2021 07:24 PM]
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Filing 82
Filed clerk order: The reply brief [ # 79 ] submitted by Appellant City of Los Angeles is filed. The amicus brief [ # 78 ] submitted by Amicus Curiae Hope Street Coalition is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the reply brief must be gray. The covers of the amicus brief must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12153961] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/24/2021 05:11 PM]
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Filing 81
Entered appearance of Amicus Curiae Hope Street Coalition. [12153960] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/24/2021 05:08 PM]
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Filing 80
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Texas Public Policy Foundation and Citygate Network. Date of service: 06/24/2021. [12153882] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Attached corrected brief and updated entry to correctly reflect content of filing. 06/25/2021 by SML] (Henneke, Robert) [Entered: 06/24/2021 04:32 PM]
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Filing 79
Submitted (ECF) Reply Brief for review. Submitted by Appellant City of Los Angeles in 21-55404. Date of service: 06/24/2021. [12153879] [21-55395, 21-55404, 21-55408] (Walsh, Michael) [Entered: 06/24/2021 04:31 PM]
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Filing 78
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hope Street Coalition. Date of service: 06/24/2021. [12153870] [21-55395, 21-55404, 21-55408] (Ly, John) [Entered: 06/24/2021 04:26 PM]
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Filing 77
Filed clerk order: The answering brief [ # 76 ] submitted by Joseph Burk; et al., 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: red. The supplemental excerpts of record [ # 73 ] submitted by Joseph Burk; et al., 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. [12151149] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/22/2021 02:51 PM]
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Filing 76
Submitted (ECF) Answering Brief for review. Submitted by Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter in 21-55395, 21-55404, 21-55408. Date of service: 06/22/2021. [12150821] [21-55395, 21-55404, 21-55408] (Umhofer, Matthew) [Entered: 06/22/2021 12:15 PM]
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Filing 75
Filed text clerk order (Deputy Clerk: OC): Appellees unopposed motion to file an oversized brief [ # 72 ], is granted. [12148964] [21-55395, 21-55404, 21-55408] (OC) [Entered: 06/21/2021 10:37 AM]
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Filing 74
Received 6 paper copies of Amicus Brief [ # 51 ] filed by Women in Skid Row. [12148079] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/18/2021 11:04 AM]
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Filing 73
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter in 21-55395, 21-55404, 21-55408. Date of service: 06/17/2021. [12147978] [21-55395, 21-55404, 21-55408] (Umhofer, Matthew) [Entered: 06/17/2021 11:53 PM]
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Filing 72
Filed (ECF) Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter in 21-55395, 21-55404, 21-55408 Motion to file oversized brief. Date of service: 06/17/2021. [12147977] [21-55395, 21-55404, 21-55408] (Umhofer, Matthew) [Entered: 06/17/2021 11:49 PM]
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Filing 71
Received 6 paper copies of Amicus Brief [ # 50 ] filed by United Way of Greater Los Angeles. [12147498] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/17/2021 02:31 PM]
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Filing 70
Received 6 paper copies of Amicus Brief [ # 42 ] filed by League of California Cities. [12146935] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/17/2021 10:06 AM]
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Filing 69
Filed (ECF) Acknowledgment of hearing notice by Attorney Shayla Renee Myers for Appellant Cangress in 21-55408. Hearing in Honolulu on 07/07/2021 at 10:00 A.M. (Courtroom: 250L). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/16/2021. [12146153] [21-55395, 21-55404, 21-55408] (Myers, Shayla) [Entered: 06/16/2021 01:47 PM]
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Filing 68
Filed (ECF) Acknowledgment of hearing notice by Attorney Jennifer Mira Hashmall for Appellant County of Los Angeles in 21-55395. Hearing in Honolulu on 07/07/2021 at 10:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/15/2021. [12145413] [21-55395, 21-55404, 21-55408] (Hashmall, Jennifer) [Entered: 06/15/2021 05:25 PM]
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Filing 67
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Michael Martin Walsh for Appellant City of Los Angeles in 21-55404. Hearing in Honolulu on 07/07/2021 at 10:00 A.M. (Courtroom: 250L). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/14/2021. [12145380] [21-55395, 21-55404, 21-55408] (Walsh, Michael) [Entered: 06/15/2021 04:56 PM]
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Filing 66
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Matthew Umhofer for Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter in 21-55395, Attorney Mr. Matthew Umhofer for Appellees LA Alliance for Human Rights, Joseph Burk, Harry Tashdjian, Karyn Pinsky, Charles Malow, Charles Van Scoy, George Frem, Gary Whitter and Leandro Suarez in 21-55404, 21-55408. Hearing in Honolulu on 07/07/2021 at 10:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 06/15/2021. [12145358] [21-55395, 21-55404, 21-55408] (Umhofer, Matthew) [Entered: 06/15/2021 04:41 PM]
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Filing 65
Received 6 paper copies of Amicus Brief [ # 49 ] filed by Los Angeles Homeless Services Authority. [12144835] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/15/2021 01:27 PM]
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Filing 64
Received 6 paper copies of Amicus Brief [ # 45 ] filed by Southern California Association of NonProfit Housing, et al. [12144824] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/15/2021 01:23 PM]
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Filing 63
Received 3 paper copies of excerpts of record [ # 24 ] in 12 volume(s) and index volume filed by Appellant County of Los Angeles. [12143560] [21-55395, 21-55404, 21-55408] (KWG) [Entered: 06/14/2021 02:33 PM]
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Filing 62
Received correction to deficient excerpts of record [ # 24 ] from Appellant County of Los Angeles: additional copies of excerpts. [12143557] [21-55395, 21-55404, 21-55408] (KWG) [Entered: 06/14/2021 02:33 PM]
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Filing 61
Received 6 paper copies of Amicus Brief [ # 38 ] filed by AIC, Association of Washington Cities, CSAC, IMLA, League of Oregon Cities and Washington State Association of Municipal Attorneys. [12143198] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/14/2021 11:46 AM]
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Filing 60
Received 6 paper copies of Opening Brief [ # 28 ] filed by Cangress. [12143128] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/14/2021 11:21 AM]
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Filing 59
Filed clerk order: The amicus brief [ # 49 ] submitted by Los Angeles Homeless Services Authority 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. [12141995] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 01:41 PM]
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Filing 58
Entered appearance of Amicus Curiae Los Angeles Homeless Services Authority. [12141990] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 01:40 PM]
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Filing 57
Filed clerk order: The amicus brief [ # 50 ] submitted by United Way of Greater Los Angeles 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. [12141973] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 01:33 PM]
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Filing 56
Entered appearance of Amicus Curiae United Way of Greater Los Angeles. [12141970] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 01:32 PM]
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Filing 55
Filed clerk order: The amicus brief [ # 51 ] submitted by Women in Skid Row 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. [12141875] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 12:37 PM]
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Filing 54
Entered appearance of Amicus Curiae Women in Skid Row. [12141874] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/11/2021 12:36 PM]
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Filing 53
Received 6 paper copies of Supplemental Brief [ # 26 ] filed by Cangress. [12141769] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/11/2021 11:35 AM]
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Filing 51
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Women in Skid Row. Date of service: 06/11/2021. [12141592] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Attached corrected brief. 06/11/2021 by SML] (Animashaun, Akeeb) [Entered: 06/11/2021 09:59 AM]
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Filing 50
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United Way of Greater Los Angeles. Date of service: 06/10/2021. [12141290] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Removed unecessary motion and updated entry to correctly reflect content of filing. 06/11/2021 by SML] (Yin, George) [Entered: 06/11/2021 12:00 AM]
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Filing 49
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by LOS ANGELES HOMELESS SERVICES AUTHORITY. Date of service: 06/10/2021. [12141282] [21-55395, 21-55404, 21-55408] (Sarkis, Nadia) [Entered: 06/10/2021 10:05 PM]
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Filing 48
Filed clerk order: The amicus brief [ # 45 ] submitted by Southern California Association of NonProfit Housing; et al., 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. [12141189] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 04:56 PM]
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Filing 47
Entered appearance of Amicus Curiae Southern California Association of NonProfit Housing; et al. [12141179] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 04:55 PM]
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Filing 46
Received 6 paper copies of Opening Brief [ # 23 ] filed by County of Los Angeles. [12141174] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/10/2021 04:53 PM]
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Filing 45
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by SCANPH, CSH and Developer Amici. Date of service: 06/10/2021. [12141105] [21-55408, 21-55395, 21-55404] (Bennett, Allyson) [Entered: 06/10/2021 04:27 PM]
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Filing 44
Filed clerk order: The amicus brief [ # 42 ] submitted by League of California Cities 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. [12140847] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 02:56 PM]
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Filing 43
Entered appearance of Amicus Curiae League of California Cities. [12140841] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 02:55 PM]
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Filing 42
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by League of California Cities. Date of service: 06/10/2021. [12140527] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Attached corrected brief. 06/10/2021 by SML] (Schaefer, George) [Entered: 06/10/2021 01:09 PM]
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Filing 41
Filed clerk order: The amicus brief [ # 38 ] submitted by AIC, Association of Washington Cities, CSAC, IMLA, League of Oregon Cities and Washington State Association of Municipal Attorneys 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. [12140487] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 12:41 PM]
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Filing 40
Entered appearance of Amici Curiae IMLA, CSAC, League of Oregon Cities, Association of Washington Cities, Washington State Association of Municipal Attorneys and AIC. [12140481] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/10/2021 12:39 PM]
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Filing 39
Filed clerk order (Deputy Clerk: WL): On May 13, 2021, the court granted an administrative stay in this case to preserve the status quo until the district courts May 27, 2021 evidentiary hearing and directed the parties to file supplemental briefs by June 3, 2021. The court has received the supplemental briefs filed by the parties. The court hereby extends the administrative stay pending further order of the court. Oral argument in this expedited case has been scheduled for Wednesday, July 7, 2021. [12140147] [21-55395, 21-55404, 21-55408] (WL) [Entered: 06/10/2021 10:03 AM]
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Filing 38
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Municipal Lawyers Association, California State Association of Counties, League of Oregon Cities, Association of Washington Cities, Washington State Association of Municipal Attorneys, and Association of Idaho Cities. Date of service: 06/10/2021. [12140103] [21-55395, 21-55404, 21-55408] (Wolanek, Caleb) [Entered: 06/10/2021 09:41 AM]
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Filing 52
Received Appellants' 3 paper copies of joint excerpts of record [ # 24 ] in 11 volumes (Volumes 1-7, 9-12) and index volume. Deficiency: missing copies of Volume 8. Corrections required (see attached notice). [12141735] [21-55395, 21-55404, 21-55408] (LA) [Entered: 06/11/2021 11:20 AM]
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Filing 37
Received 6 paper copies of Opening Brief [ # 27 ] filed by City of Los Angeles. [12139101] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/09/2021 01:56 PM]
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Filing 36
Received 6 paper copies of Supplemental Brief [ # 22 ] filed by County of Los Angeles and City of Los Angeles. [12139081] [21-55395, 21-55404, 21-55408] (SD) [Entered: 06/09/2021 01:51 PM]
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Filing 35
Received 6 paper copies of Supplemental Brief [ # 25 ] filed by Joseph Burk, et al. [12137677] [21-55395, 21-55404] (SD) [Entered: 06/08/2021 02:01 PM]
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Filing 34
Filed clerk order: The supplemental brief [ # 25 ] submitted by Joseph Burk; et al., 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12134818] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/04/2021 05:20 PM]
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Filing 33
Filed (ECF) Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Gary Whitter and Charles Van Scoy in 21-55395, 21-55404, 21-55408 Motion to take judicial notice of. Date of service: 06/04/2021. [12134790] [21-55395, 21-55404, 21-55408] (Umhofer, Matthew) [Entered: 06/04/2021 05:04 PM]
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Filing 32
Filed clerk order: The supplemental brief [ # 26 ] submitted by Appellant Cangress is filed. The opening brief [ # 27 ] submitted by Appellant City of Los Angeles is filed. The opening brief [ # 28 ] submitted by Appellant Cangress is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening briefs must be blue. The covers of the supplemental brief must be tan. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12134788] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/04/2021 05:03 PM]
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Filing 31
Filed clerk order: The supplemental brief [ # 22 ] submitted by County of Los Angeles and City of Los Angeles 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12134350] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/04/2021 01:59 PM]
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Filing 30
Filed clerk order: The opening brief [ # 23 ] submitted by County of Los Angeles 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 joint excerpts of record [ # 24 ] 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. [12134096] [21-55395, 21-55404, 21-55408] (SML) [Entered: 06/04/2021 12:31 PM]
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Filing 29
Notice of Oral Argument on Wednesday, July 7, 2021 - 10:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. 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 later than 21 days before Wednesday, July 7, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12133621]. [21-55395, 21-55404, 21-55408] (KS) [Entered: 06/04/2021 09:08 AM]
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Filing 28
Submitted (ECF) Opening Brief for review. Submitted by Appellant Cangress in 21-55408. Date of service: 06/03/2021. [12133408] [21-55408, 21-55395, 21-55404]--[COURT UPDATE: Attached corrected brief. 06/04/2021 by SML] (Sweetser, Catherine) [Entered: 06/03/2021 11:56 PM]
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Filing 27
Submitted (ECF) Opening Brief for review. Submitted by Appellant City of Los Angeles in 21-55404. Date of service: 06/03/2021. [12133407] [21-55404, 21-55395, 21-55408]--[COURT UPDATE: Attached corrected brief. 06/04/2021 by SML] (Walsh, Michael) [Entered: 06/03/2021 11:54 PM]
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Filing 26
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Cangress in 21-55408. Date of service: 06/03/2021. [12133402] [21-55408, 21-55395, 21-55404]--[COURT UPDATE: Attached corrected brief. 06/04/2021 by SML] (Myers, Shayla) [Entered: 06/03/2021 10:42 PM]
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Filing 25
Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter in 21-55395, 21-55404, 21-55408. Date of service: 06/03/2021. [12133362] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Attached corrected brief. 06/04/2021 by SML] (Umhofer, Matthew) [Entered: 06/03/2021 07:02 PM]
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Filing 24
Submitted (ECF) excerpts of record. Submitted by Appellant County of Los Angeles in 21-55395, Appellant City of Los Angeles in 21-55404, Appellant Cangress in 21-55408. Date of service: 06/03/2021. [12133352] [21-55395, 21-55404, 21-55408] (Hashmall, Jennifer) [Entered: 06/03/2021 06:01 PM]
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Filing 23
Submitted (ECF) Opening Brief for review. Submitted by Appellant County of Los Angeles in 21-55395. Date of service: 06/03/2021. [12133255] [21-55395, 21-55404, 21-55408] (Hashmall, Jennifer) [Entered: 06/03/2021 04:38 PM]
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Filing 22
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant County of Los Angeles in 21-55395, Appellant City of Los Angeles in 21-55404. Date of service: 06/03/2021. [12132898] [21-55395, 21-55404, 21-55408]--[COURT UPDATE: Attached corrected brief and updated entry to reflect the correct filers of the brief. 06/04/2021 by SML] (Hashmall, Jennifer) [Entered: 06/03/2021 01:58 PM]
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Filing 21
Added Attorney(s) Catherine Sweetser for party(s) Appellant Cangress, in case 21-55408. [12132577] [21-55404, 21-55395, 21-55408] (DJV) [Entered: 06/03/2021 11:09 AM]
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Filing 20
Added Attorney(s) Catherine Sweetser for party(s) Appellant Cangress, in case 21-55408. [12132575] [21-55395, 21-55404, 21-55408] (NAC) [Entered: 06/03/2021 11:08 AM]
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Filing 19
Filed (ECF) notice of appearance of Catherine E. Sweetser (Schonbrun Seplow Harris Hoffman & Zeldes, LLP, 9415 Culver Boulevard, #115, Culver City, CA 90232) for Appellant Cangress in 21-55408. Date of service: 06/03/2021. (Party was previously proceeding with counsel.) [12132566] [21-55408, 21-55395, 21-55404] (Sweetser, Catherine) [Entered: 06/03/2021 11:04 AM]
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Filing 18
Added Attorney(s) Carol A. Sobel for party(s) Appellant Cangress, in case 21-55408. [12123339] [21-55395, 21-55404, 21-55408] (DJV) [Entered: 05/25/2021 09:07 AM]
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Filing 17
Filed (ECF) notice of appearance of Carol Anne Sobel (Law Office of Carol A. Sobel 1158 26th Street, #552 Santa Monica California 90403) for Appellant Cangress in 21-55408. Date of service: 05/25/2021. (Party was previously proceeding with counsel.) [12123303] [21-55408, 21-55395, 21-55404] (Sobel, Carol) [Entered: 05/25/2021 08:44 AM]
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Filing 16
Filed order (M. MARGARET MCKEOWN, MARSHA S. BERZON and DANIELLE J. HUNSAKER): These appeals arise from a lawsuit filed against the City and County of Los Angeles alleging constitutional and statutory violations related to the homelessness crisis in the region. On April 20, 2021, the district court entered a preliminary injunction requiring the City and County to take actions to address what it determined to be a worsening public health and safety emergency, and to provide the court with a series of reports and audits related to this crisis. On April 25, 2021, the district court granted in part the City and Countys ex parte applications to stay the preliminary injunction and scheduled an evidentiary hearing for May 27, 2021 for the purpose of considering modifications to its order. The City and County have filed emergency motions to stay the preliminary injunction pending appeal, and the City has requested an immediate temporary administrative stay pending resolution of the stay motions. In this order, we consider only the request for an administrative stay. We find that a brief administrative stay is warranted to preserve the status quo until the district courts May 27, 2021 evidentiary hearing as these further proceedings may impact whether a stay pending appeal is necessary or justified. See Doe v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019) (explaining that an administrative stay is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits and does not constitute in any way a decision as to the merits of the motion for stay pending appeal.). The district courts April 20, 2021 preliminary injunction is stayed until June 15, 2021. Appeal Nos. 21-55395, 21-55404 and 21-55408 are consolidated. Appellants City and County of Los Angeles and appellee LA Alliance for Human Rights are directed to file concurrent supplemental briefs on June 3, 2021 addressing the impact, if any, of the further proceedings in the district court on the issues presented in the stay motions. In addition, it would be helpful to the court to hear the views on the emergency stay of the parties to these appeals that have not sought a stay, including intervenors. These parties may also file a brief on June 3, 2021 addressing the stay motions. The following briefing schedule shall govern these consolidated appeals: the opening briefs and excerpts of record are due June 3, 2021; the answering briefs are due June 17, 2021; and the optional reply briefs are due June 24, 2021. See 9th Cir. R. 3-3. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. See 9th Cir. R. 28-4. Failure to file timely an opening brief shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will schedule these appeals to be heard on the July 2021 calendar. See 9th Cir. Gen. Order 3.3(g). [12111753] [21-55395, 21-55404, 21-55408] (AF) [Entered: 05/13/2021 10:32 AM]
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Filing 15
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. [12109163] [21-55395, 21-55404, 21-55408] (BLS) [Entered: 05/11/2021 12:35 PM]
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Filing 14
Filed (ECF) Appellant County of Los Angeles reply to response (motion to stay lower court action). Date of service: 05/05/2021. [12103848] [21-55395]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 05/07/2021 by SLM] (Hashmall, Jennifer) [Entered: 05/05/2021 06:42 PM]
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Filing 13
Filed (ECF) Appellees Joseph Burk, George Frem, LA Alliance for Human Rights, Charles Malow, Karyn Pinsky, Leandro Suarez, Harry Tashdjian, Charles Van Scoy and Gary Whitter response to motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 05/04/2021. [12102243] [21-55395] (Umhofer, Matthew) [Entered: 05/04/2021 07:57 PM]
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Filing 12
Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motion to stay the district courts April 20, 2021 order pending appeal. Any response to the motion is due on May 4, 2021. An optional reply in support of the motion is due May 6, 2021. [12097327] (AF) [Entered: 04/29/2021 03:46 PM]
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Filing 11
Filed (ECF) Appellant County of Los Angeles EMERGENCY Motion to stay lower court action. Date of service: 04/28/2021. [12089559] [21-55395] (Hashmall, Jennifer) [Entered: 04/28/2021 10:24 AM]
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Filing 10
The Mediation Questionnaire for this case was filed on 04/26/2021. 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.[12087526]. [21-55395] (AD) [Entered: 04/26/2021 06:44 PM]
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Filing 9
The Mediation Questionnaire for this case was filed on 04/26/2021. 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.[12087521]. [21-55395] (AD) [Entered: 04/26/2021 06:44 PM]
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Filing 8
Filed (ECF) Appellees LA Alliance for Human Rights, Joseph Burk, George Frem, Gary Whitter, Charles Van Scoy, Harry Tashdjian, Leandro Suarez, Karyn Pinsky and Charles Malow Mediation Questionnaire. Date of service: 04/26/2021. [12087468] [21-55395] (Mitchell, Elizabeth) [Entered: 04/26/2021 05:28 PM]
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Filing 7
Filed (ECF) Appellant County of Los Angeles Mediation Questionnaire. Date of service: 04/26/2021. [12087059] [21-55395] (Hashmall, Jennifer) [Entered: 04/26/2021 03:12 PM]
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Filing 6
Added Attorney(s) Amie Park for party(s) Appellant County of Los Angeles. [12083848] (RL) [Entered: 04/22/2021 02:08 PM]
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Filing 5
Filed (ECF) notice of appearance of Amie Park (Office of County Counsel, 500 W Temple St #648, Los Angeles, California 90012) for Appellant County of Los Angeles. Date of service: 04/22/2021. (Party was previously proceeding with counsel.) [12083845] [21-55395] (Park, Amie) [Entered: 04/22/2021 02:06 PM]
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Filing 4
Added Attorney(s) Emily A. Rodriguez-Sanchirico for party(s) Appellant County of Los Angeles. [12083844] (RL) [Entered: 04/22/2021 02:05 PM]
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Filing 3
Filed (ECF) notice of appearance of Emily Anne Rodriguez-Sanchirico (Miller Barondess, LLP, 1999 Avenue of the Stars, Suite 1000, Los Angeles, California 90067) for Appellant County of Los Angeles. Date of service: 04/22/2021. (Party was previously proceeding with counsel.) [12083790] [21-55395] (Rodriguez-Sanchirico, Emily) [Entered: 04/22/2021 01:47 PM]
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Filing 2
Filed clerk order (Deputy Clerk: TSP): The appeal filed April 21, 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 May 19, 2021; the answering brief is due June 16, 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. [12083745] (RT) [Entered: 04/22/2021 01:31 PM]
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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. [12083028] (RT) [Entered: 04/22/2021 08:34 AM]
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