A. Clark v. Shirley Weber
| A. W. CLARK |
| SHIRLEY WEBER, as California Secretary of State |
| CARLA ENDOW, MARLLUS GANDRUD and LISA LONG |
| 21-55930 |
| August 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil Rights Voting |
Docket Report
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This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 MANDATE ISSUED. (DFO, SRT and RCT) [12328834] (RR) [Entered: 01/03/2022 10:20 AM] |
| Filing 40 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN) This appeal challenges the district courts August 27, 2021 denial of appellants motion for preliminary injunction. A review of the record reflects that on October 27, 2021, the district court dismissed the underlying action and entered final judgment. Accordingly, the denial of the motion for preliminary injunction merges into the final judgment, and we grant appellees motion to dismiss this preliminary injunction appeal (Docket Entry No. [ # 34 ]). See SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (dismissing an appeal from an order denying a motion for preliminary injunction as merged following final judgment); see also Nationwide Biweekly Admin., Inc. v. Owen, 873 F.3d 716, 730 (9th Cir. 2017) (When a case is dismissed while an appeal of an order on a preliminary injunction is pending, the preliminary injunction order merges into the final judgment.); Evans v. Shoshone-Bannock Land Use Policy Commn, 736 F.3d 1298, 1301 n.4 (9th Cir. 2013) (The district courts denial of Evans motion for preliminary injunction merged into the final judgment.). The Clerk will open a new appeal pursuant to appellants October 28, 2021 notice of appeal from the district courts final judgment. DISMISSED. [12312001] (WL) [Entered: 12/09/2021 04:39 PM] |
| Filing 39 Filed Appellant A. W. Clark additional citations in oppostion to motion to dismiss. Served on 11/10/2021. [12292680] (RR) [Entered: 11/19/2021 07:33 AM] |
| Filing 38 Filed (ECF) Appellee Shirley Weber reply to response (motion to dismiss the case). Date of service: 11/10/2021. [12284476] [21-55930] (Echeverria, John) [Entered: 11/10/2021 02:32 PM] |
| Filing 37 Filed (ECF) Appellant A. W. Clark Corrected response to motion (motion to dismiss the case). Date of service: 11/03/2021. [12277465] [21-55930]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 11/04/2021 by SLM] (Reichmann, Joseph) [Entered: 11/03/2021 02:57 PM] |
| Filing 36 Filed (ECF) Appellant A. W. Clark response to motion ([ # 35 ] Motion and Response to Motion (ECF Filing), [ # 35 ] Motion and Response to Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies), [ # 35 ] Motion and Response to Motion (ECF Filing) motion to dismiss the case). Date of service: 11/03/2021. [12277094] [21-55930] (Reichmann, Joseph) [Entered: 11/03/2021 12:03 PM] |
| Filing 35 Filed (ECF) Appellant A. W. Clark Response opposing motion ([ # 34 ] Motion (ECF Filing), [ # 34 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 11/03/2021. [12277083] [21-55930]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/01/2021 by SLM] (Reichmann, Joseph) [Entered: 11/03/2021 11:58 AM] |
| Filing 34 Filed (ECF) Appellee Shirley Weber Motion to dismiss the case. Date of service: 11/03/2021. [12276929] [21-55930] (Echeverria, John) [Entered: 11/03/2021 10:52 AM] |
| Filing 33 Received copy of corrected amended notice of appeal from district court. [12271813] (RR) [Entered: 10/28/2021 01:04 PM] |
| Filing 32 Received copy of amended notice of appeal from district court. [12271809] (RR) [Entered: 10/28/2021 01:03 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 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).[12270424]. [21-55930] (KS) [Entered: 10/27/2021 12:42 PM] |
| Filing 30 Received 6 paper copies of Reply Brief [ # 25 ] filed by A. W. Clark. [12255859] (MAE) [Entered: 10/13/2021 02:20 PM] |
| Filing 29 Received 6 paper copies of Answering Brief [ # 22 ] filed by Shirley Weber. [12245359] (SD) [Entered: 10/01/2021 03:17 PM] |
| Filing 28 Received 3 paper copies of supplemental excerpts of record [ # 23 ] in 1 volume(s) filed by Appellee Shirley Weber. [12245191] (LA) [Entered: 10/01/2021 02:16 PM] |
| Filing 27 Filed clerk order: The reply brief [ # 25 ] submitted by A. W. Clark 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12242728] (LA) [Entered: 09/29/2021 01:20 PM] |
| Filing 26 This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for January 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 immediately 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 immediately , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [12242639] (KS) [Entered: 09/29/2021 12:32 PM] |
| Filing 25 Submitted (ECF) Reply Brief for review. Submitted by Appellant A. W. Clark. Date of service: 09/28/2021. [12241255] [21-55930]--[COURT UPDATE: Attached corrected PDF. 09/29/2021 by LA] (Reichmann, Joseph) [Entered: 09/28/2021 10:36 AM] |
| Filing 24 Filed clerk order: The answering brief [ # 22 ] submitted by Shirley Weber 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 [ # 23 ] submitted by Shirley Weber 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. [12240700] (KWG) [Entered: 09/27/2021 04:56 PM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Shirley Weber. Date of service: 09/27/2021. [12240684] [21-55930] (Echeverria, John) [Entered: 09/27/2021 04:50 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellee Shirley Weber. Date of service: 09/27/2021. [12240618] [21-55930] (Echeverria, John) [Entered: 09/27/2021 04:28 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 2 ] filed by A. W. Clark. [12233864] (SD) [Entered: 09/20/2021 04:32 PM] |
| Filing 20 Received 3 paper copies of excerpts of record [ # 4 ] in 1 volume(s) filed by Appellant A. W. Clark. [12233049] (KT) [Entered: 09/20/2021 11:52 AM] |
| Filing 19 Received 6 paper copies of Amicus Brief [ # 7 ] filed by Carla Endow, Marllus Gandrud and Lisa Long. [12230615] (SD) [Entered: 09/16/2021 01:46 PM] |
| Filing 18 Filed clerk order: The amicus brief [ # 7 ] submitted by Carla Endow, Marllus Gandrud and Lisa Long 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. [12223889] (KT) [Entered: 09/09/2021 08:48 AM] |
| Filing 17 Filed order (MICHAEL DALY HAWKINS, PAUL J. WATFORD and KENNETH K. LEE): The motion for leave to file an amicus curiae brief (Docket Entry No. [ # 7 ]-1) in opposition to appellants emergency petition is granted. The Clerk will file the amicus curiae brief located at Docket Entry No. [ # 7 ]-2. The emergency petition for writ of mandamus (Docket Entry No. [ # 3 ]) is denied. Appellant has not shown that the challenged order is clearly erroneous as a matter of law and thus fails to demonstrate that the extraordinary remedy of mandamus is warranted. See Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-56 (9th Cir. 1977) (discussing guidelines for issuing mandamus relief). To the extent appellants August 29, 2021 filing seeks injunctive relief pending resolution of this appeal, the request is denied. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (stating standard). Appellant has not shown that any of the Winter factors weighs in favor of granting injunctive relief pending the adjudication of the merits of this appeal. The opening brief and excerpts of record have been filed. The answering brief is due September 27, 2021; appellants optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3. [12222785] (AF) [Entered: 09/08/2021 10:47 AM] |
| Filing 16 Filed (ECF) Appellant A. W. Clark citation of supplemental authorities. Date of service: 09/05/2021. [12220903] [21-55930] (Reichmann, Joseph) [Entered: 09/05/2021 04:16 PM] |
| Filing 15 Filed (ECF) Appellant A. W. Clark response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion to become amicus). Date of service: 09/04/2021. [12220676] [21-55930] (Reichmann, Joseph) [Entered: 09/04/2021 07:13 AM] |
| Filing 14 Filed (ECF) Appellant A. W. Clark reply to response to Court order dated 08/30/2021. Date of service: 09/04/2021. [12220675] [21-55930] (Reichmann, Joseph) [Entered: 09/04/2021 07:08 AM] |
| Filing 13 Added Attorney(s) Mark P. Meuser for party(s) Amicus Curiae - Pending Marllus Gandrud Amicus Curiae - Pending Carla Endow Amicus Curiae - Pending Lisa Long, in case 21-55930. [12220176] (RR) [Entered: 09/03/2021 01:22 PM] |
| Filing 12 Filed (ECF) notice of appearance of Mark P. Meuser (Dhillon Law Group Inc., 177 Post Street, Suite 700, San Francisco CA 94108) for Amici Curiae - Pending Carla Endow, Marllus Gandrud and Lisa Long. Date of service: 09/03/2021. (Party was previously proceeding with counsel.) [12219922] [21-55930] (Meuser, Mark) [Entered: 09/03/2021 11:05 AM] |
| Filing 11 Entered appearance of Amici Curiae - Pending Carla Endow, Lisa Long, and Marllus Gandrud. [12219907] (LA) [Entered: 09/03/2021 10:55 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 2 ] submitted by A. W. Clark 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 [ # 4 ] submitted by A. W. Clark 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. [12219718] (KWG) [Entered: 09/03/2021 08:54 AM] |
| Filing 9 Filed (ECF) Appellee Shirley Weber Correspondence: exhibits to answer to writ of mandamus petition. Date of service: 09/03/2021. [12219716] [21-55930]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 09/03/2021 by SLM] (Echeverria, John) [Entered: 09/03/2021 08:53 AM] |
| Filing 8 Filed (ECF) Appellee Shirley Weber answer to Writ of Mandamus petition. Date of service: 09/03/2021. [12219712] [21-55930]--[COURT UPDATE: Attached exhibits. 09/03/2021 by SLM] (Echeverria, John) [Entered: 09/03/2021 08:51 AM] |
| Filing 7 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by CARLA ENDOW, LISA LONG, AND MARLLUS GANDRUD. Date of service: 09/03/2021. [12219669] [21-55930] (Dhillon, Harmeet) [Entered: 09/03/2021 08:32 AM] |
| Filing 6 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 4 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant A. W. Clark. Date of service: 09/01/2021. [12218322] [21-55930] (Reichmann, Joseph) [Entered: 09/01/2021 04:42 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency filing, titled combined opening brief and petition for writ of mandamus. Appellees answer to the emergency petition is due by 9:00 a.m. Pacific Time on Friday, September 3, 2021. In addition to all other issues appellee seeks to raise in the answer, appellee is directed to address whether emergency injunctive relief or expedited briefing of this appeal is warranted. Any reply in support of the emergency petition is due by 9:00 a.m. Pacific Time on Tuesday, September 7, 2021. The schedule for the remaining answering and reply briefs in this preliminary injunction appeal will be addressed by future order. [12215487] (WL) [Entered: 08/30/2021 02:52 PM] |
| Filing 4 Submitted (ECF) excerpts of record. Submitted by Appellant A. W. Clark. Date of service: 08/29/2021. [12214527] [21-55930] (Reichmann, Joseph) [Entered: 08/29/2021 01:43 PM] |
| Filing 3 Filed (ECF) Appellant A. W. Clark EMERGENCY Motion for miscellaneous relief [FOR IMMEDIATE CONSIIDERATION OF MATTER BY SEPT. 8, 2021 AND FOR WRIT OF MANDAMUS TO PREVENT SEPT. 14, 2021 CALIFORNIA RECALL ELECTION]. Date of service: 08/29/2021. [12214526] [21-55930] (Reichmann, Joseph) [Entered: 08/29/2021 01:41 PM] |
| Filing 2 Submitted (ECF) Opening Brief for review. Submitted by Appellant A. W. Clark. Date of service: 08/29/2021. [12214525] [21-55930] (Reichmann, Joseph) [Entered: 08/29/2021 01:35 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Ninth Circuit Rule 3-3 Preliminary Injunction Appeal. [12214521] (HH) [Entered: 08/29/2021 12:24 PM] |
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