Gregory Burke, et al v. Newport-Mesa USD, et al
| GRIFFIN BURKE |
| TREVOR BASIL, LAURA BOSS, FKA Doe 4, PARK EDDY, FKA Doe 2, CASSIDY BUCKLIN, FKA Doe 6, SARA HENRY, JOHN DOBROTT, NEWPORT BEACH AQUATICS, INC., DEAN CROW, JAMES FOWLER, THOMAS ROBINSON and DOES, 1-10 |
| GREGORY M. BURKE |
| NEWPORT-MESA UNIFIED SCHOOL DISTRICT, SEAN BOULTON and JENNIFER HAYS |
| 21-56081 |
| October 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Civil Rights - Education |
Docket Report
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| Filing 48 Filed order (Deputy Clerk: DC) Appellants motion for voluntary dismissal of this appeal (Docket Entry No. [ # 44 ]) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court acts as the mandate of this court. [12680825] (ABT) [Entered: 03/23/2023 04:14 PM] |
| Filing 47 Filed (ECF) Appellant Gregory M. Burke Correspondence: Notice of Dismissal. Date of service: 03/22/2023 [12679562] [21-56081] (Burke, Gregory) [Entered: 03/22/2023 12:53 PM] |
| Filing 46 Received 6 paper copies of Reply Brief [ # 40 ] filed by Gregory M. Burke. [12603346] (SD) [Entered: 12/06/2022 11:41 AM] |
| Filing 45 Received 3 paper copies of supplemental excerpts of record [ # 41 ] in 1 volume(s) filed by Appellant Gregory M. Burke. [12603343] (SD) [Entered: 12/06/2022 11:39 AM] |
| Filing 44 Filed clerk order: The reply brief [ # 40 ] submitted by Gregory M. Burke 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: not applicable. The supplemental excerpts of record [ # 41 ] submitted by Gregory M. Burke 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. [12600075]--[COURT UPDATE: Updated docket text to reflect correct cover color. 12/01/2022 by KWG] (KWG) [Entered: 12/01/2022 11:25 AM] |
| Filing 43 Filed clerk order (Deputy Clerk: NA): Appellants motion for a third extension of time to file the reply brief (Docket Entry No. [ # 42 ]) is granted. The Clerk will file the reply brief submitted at Docket Entry No. [ # 40 ]. [12599960] (JMR) [Entered: 12/01/2022 10:11 AM] |
| Filing 42 Filed (ECF) Appellant Gregory M. Burke Unopposed Motion to extend time to file Reply brief until 11/21/2022. Date of service: 11/20/2022. [12592038] [21-56081] (Burke, Gregory) [Entered: 11/20/2022 07:55 PM] |
| Filing 41 Submitted (ECF) supplemental excerpts of record. Submitted by Appellant Gregory M. Burke. Date of service: 11/20/2022. [12592011] [21-56081] (Burke, Gregory) [Entered: 11/20/2022 06:44 PM] |
| Filing 40 Submitted (ECF) Reply Brief for review. Submitted by Appellant Gregory M. Burke. Date of service: 11/20/2022. [12592010] [21-56081] (Burke, Gregory) [Entered: 11/20/2022 06:43 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: DC): Appellants motion for a second extension of time to file the reply brief (Docket Entry No. [ # 38 ]) is granted. The optional reply brief is due November 17, 2022. [12575617] (ABT) [Entered: 10/28/2022 01:26 PM] |
| Filing 38 Filed (ECF) Appellant Gregory M. Burke Unopposed Motion to extend time to file Reply brief until 11/17/2022. Date of service: 10/25/2022. [12572912] [21-56081] (Burke, Gregory) [Entered: 10/25/2022 08:24 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: DC): Appellants motion for an extension of time to file the reply brief (Docket Entry No. [ # 36 ]) is granted. The optional reply brief is due October 27, 2022. [12563012] (JMR) [Entered: 10/13/2022 05:06 PM] |
| Filing 36 Filed (ECF) Appellant Gregory M. Burke Motion to extend time to file a reply until 10/27/2022. Date of service: 10/06/2022. [12557931] [21-56081] (Burke, Gregory) [Entered: 10/06/2022 04:45 PM] |
| Filing 35 Received 6 paper copies of excerpts of record [ # 32 ] in 5 volume(s) and index volume filed by Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. [12542349] (NAR) [Entered: 09/16/2022 01:47 PM] |
| Filing 34 Received 6 paper copies of Answering Brief [ # 31 ] filed by Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. [12542348] (NAR) [Entered: 09/16/2022 01:45 PM] |
| Filing 33 Filed clerk order: The answering brief [ # 31 ] submitted by Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District 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 excerpts of record [ # 32 ] submitted by Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District 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. [12538794] (KWG) [Entered: 09/13/2022 08:24 AM] |
| Filing 32 Submitted (ECF) excerpts of record. Submitted by Appellees Newport-Mesa Unified School District, Sean Boulton and Jennifer Hays. Date of service: 09/12/2022. [12538037] [21-56081]--[COURT UPDATE: Attached corrected PDF of the index vol and vols 1-5. 09/13/2022 by KWG] (Hylton, Courtney) [Entered: 09/12/2022 11:35 AM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Newport-Mesa Unified School District, Sean Boulton and Jennifer Hays. Date of service: 09/12/2022. [12537989] [21-56081] (Hylton, Courtney) [Entered: 09/12/2022 11:15 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 29 ]) for an extension of time to file the answering brief is granted. The answering brief is due September 13, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12523801] (ABT) [Entered: 08/23/2022 10:58 AM] |
| Filing 29 Filed (ECF) Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District Motion to extend time to file a response until 09/13/2022. Date of service: 08/17/2022. [12518786] [21-56081] (Hylton, Courtney) [Entered: 08/17/2022 11:49 AM] |
| Filing 28 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 27 ]) for an extension of time to file the answering brief is granted. The answering brief is due August 23, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12497138] (ABT) [Entered: 07/19/2022 10:50 AM] |
| Filing 27 Filed (ECF) Appellees Sean Boulton, Newport-Mesa Unified School District and Jennifer Hays Motion to extend time to file Answering brief until 08/23/2022. Date of service: 07/18/2022. [12495642] [21-56081] (Do, Rosemary) [Entered: 07/18/2022 09:04 AM] |
| Filing 26 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 25 ]) for an extension of time to file the answering brief is granted. The answering brief is due July 22, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12473543] (JMR) [Entered: 06/16/2022 04:17 PM] |
| Filing 25 Filed (ECF) Appellees Newport-Mesa Unified School District, Jennifer Hays and Sean Boulton Motion to extend time to file Answering brief until 07/22/2022. Date of service: 06/13/2022. [12469394] [21-56081] (Do, Rosemary) [Entered: 06/13/2022 10:01 AM] |
| Filing 24 Received 6 paper copies of Opening Brief [ # 20 ] filed by Gregory M. Burke. [12457504] (SD) [Entered: 05/26/2022 02:30 PM] |
| Filing 23 Streamlined request [22] by Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District to extend time to file the brief is approved. Amended briefing schedule: Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District answering brief due 06/17/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12445810] (JN) [Entered: 05/12/2022 04:00 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. New requested due date is 06/17/2022. [12445764] [21-56081] (Hylton, Courtney) [Entered: 05/12/2022 03:41 PM] |
| Filing 21 Filed clerk order: The opening brief [ # 20 ] submitted by Gregory M. Burke 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [12425113] (KWG) [Entered: 04/19/2022 09:45 AM] |
| Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellant Gregory M. Burke. Date of service: 04/18/2022. [12424811] [21-56081] (Burke, Gregory) [Entered: 04/18/2022 05:07 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 18 ]) for an extension of time to file the opening brief is granted. The opening brief is due April 18, 2022. The answering brief is due May 18, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12397035] (RY) [Entered: 03/16/2022 04:42 PM] |
| Filing 18 Filed (ECF) Appellant Gregory M. Burke EMERGENCY Motion to extend time to file Opening brief until 04/18/2022. Date of service: 03/14/2022. [12394477] [21-56081] (Burke, Gregory) [Entered: 03/14/2022 04:55 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 16 ]) for an extension of time to file the opening brief is granted. The opening brief is due March 18, 2022. The answering brief is due April 18, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12360516] (JMR) [Entered: 02/03/2022 04:44 PM] |
| Filing 16 Filed (ECF) Appellant Gregory M. Burke Unopposed Motion to extend time to file Opening brief until 03/18/2022. Date of service: 02/01/2022. [12358101] [21-56081] (Burke, Gregory) [Entered: 02/01/2022 11:16 PM] |
| Filing 15 Attorney Pancy Lin in 21-56081 substituted by Attorney Rosemary H. Do in 21-56081 [12355816] (NAC) [Entered: 01/31/2022 11:04 AM] |
| Filing 14 Filed (ECF) notice of appearance of Rosemary H. Do (Lynberg & Watkins, APC - 1100 W. Town & Country Rd., #1450, Orange, CA 92868) for Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. Substitution for Attorney Pancy Lin for Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. Date of service: 01/31/2022. (Party was previously proceeding with counsel.) [12355809] [21-56081] (Do, Rosemary) [Entered: 01/31/2022 11:02 AM] |
| Filing 13 Added Attorney(s) Pancy Lin for party(s) Appellee Sean Boulton Appellee Jennifer Hays Appellee Newport-Mesa Unified School District, in case 21-56081. [12355793] (NAC) [Entered: 01/31/2022 10:46 AM] |
| Filing 12 Filed (ECF) notice of appearance of Pancy Lin (Lynberg & Watkins, APC - 1100 W. Town & Country Road, #1450, Orange CA 92868) for Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. Date of service: 01/31/2022. (Party was previously proceeding with counsel.) [12355792] [21-56081] (Lin, Pancy) [Entered: 01/31/2022 10:44 AM] |
| Filing 11 Terminated Eleecia Barksdale for Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District in 21-56081 [12355772] (NAC) [Entered: 01/31/2022 10:35 AM] |
| Filing 10 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Eleecia Barksdale for Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District. Party proceeding without counsel: No. Date of service: 01/31/2022. [12355768] [21-56081] (Hylton, Courtney) [Entered: 01/31/2022 10:34 AM] |
| Filing 9 Streamlined request [8] by Appellant Gregory M. Burke to extend time to file the brief is not approved because it is unnecessary. Streamline request filed in error per Appellant GMB - DLM [12333472] (DLM) [Entered: 01/06/2022 02:45 PM] |
| Filing 8 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gregory M. Burke. New requested due date is 02/09/2022. [12332741] [21-56081] (Burke, Gregory) [Entered: 01/05/2022 09:33 PM] |
| Filing 7 Streamlined request [6] by Appellant Gregory M. Burke to extend time to file the brief is approved. Amended briefing schedule: Appellant Gregory M. Burke opening brief due 02/09/2022. Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District answering brief due 03/11/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12324504] (JN) [Entered: 12/23/2021 06:01 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Gregory M. Burke. New requested due date is 02/09/2022. [12324203] [21-56081] (Burke, Gregory) [Entered: 12/23/2021 02:00 PM] |
| Filing 5 Filed order (Appellate Commissioner): The motion to proceed in forma pauperis (Docket Entry No. [ # 2 ]) is granted. The Clerk will update the docket to reflect this status. The opening brief is due January 10, 2022. The answering brief is due February 9, 2022. The optional reply brief is due within 21 days after service of the answering brief. (MOATT) [12262625] (JPD) [Entered: 10/20/2021 10:30 AM] |
| Filing 4 Fee status changed ( [Case Number 21-56081: IFP Pending In COA] ). [12246686] (RL) [Entered: 10/04/2021 02:17 PM] |
| Filing 3 Fee status changed ( [Case Number 21-56081: IFP Pending In COA] ). [12246432] (JW) [Entered: 10/04/2021 12:39 PM] |
| Filing 2 Filed (ECF) Appellant Gregory M. Burke Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis (Form 4). Date of service: 10/04/2021. [12246328] [21-56081] (Burke, Gregory) [Entered: 10/04/2021 11:46 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 11/01/2021. Transcript due 11/30/2021. Appellant Gregory M. Burke opening brief due 01/10/2022. Appellees Sean Boulton, Jennifer Hays and Newport-Mesa Unified School District answering brief due 02/09/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12246255] (JBS) [Entered: 10/04/2021 11:21 AM] |
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