Constitution Association, Inc., et al v. Kamala Harris
| B. GREEN, R. HANDY, A. HURLEY, R. HVIDSTON, R. KOWELL, H. LEWIS, C. MONGIELLO, R. REISS, L. REYES, J. SCARAFONE, R. SHORT, S. ST. JOHN, L. STUCKY, J. YATES and T. EVANS |
| CONSTITUTION ASSOCIATION, INC., by its founders, GEORGE F.X. ROMBACH, DOUGLAS V. GIBBS and DENNIS R. JACKSON |
| KAMALA D. HARRIS |
| 21-56287 |
| November 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| CONSTITUTION ASSOCIATION, INC., ET AL V. KAMALA HARRIS |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kamala D. Harris. New requested due date is 03/28/2022. [12353940] [21-56287] (Norris, Brett) [Entered: 01/27/2022 05:49 PM] |
| Filing 10 Filed clerk order: The opening brief [ # 7 ] submitted by George F.X. Rombach 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. [12353781] (LA) [Entered: 01/27/2022 04:01 PM] |
| Filing 9 Filed clerk order:The opening brief submitted at Docket Entry No. [ # 7 ] will not be filed as the opening brief for appellant Constitution Association, Inc. due to the following deficiencies: The brief is missing a corporate disclosure statement, which is required by Fed. R. App. P. 26.1(a). The brief is missing a jurisdictional statement, under the appropriate heading, which is required by Fed. R. App. P. 28(a)(4) and Ninth Circuit Rule 28-2.2. The brief is missing a statement of issues, under the appropriate heading, which is required by Fed. R. App. P. 28(a)(5). The brief is missing a statement of the case and facts, under the appropriate heading, which is required by Fed. R. App. P. 28(a)(6). The brief is missing citations to excerpts of record, which are required by Ninth Circuit Rules 28-2.8 and 30-1.6. The brief was not accompanied by excerpts of record, which are required by Ninth Circuit Rule 30-1.2(a). The briefs cover is missing an accurate title and counsels office and telephone number, which are required by Fed. R. App. P. 32(a)(2). The briefs right-side margin is smaller than the size required by Fed. R. App. P. 32(a)(4). The briefs font is smaller than the size required by Fed. R. App. P. 32(a)(5). Within 7 days of this order, counsel for appellant Constitution Association, Inc. shall submit a new brief and excerpts of record curing the deficiencies. If counsel for appellant Constitution Association, Inc. fails to submit a timely opening brief and excerpts of record that comply with court rules, Constitution Association, Inc. will be dismissed as an appellant for failure to prosecute pursuant to Ninth Circuit Rule 42-1. [12353764] (LA) [Entered: 01/27/2022 03:56 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: DA): The opening brief for this appeal was due on January 25, 2022. On January 25, 2022, pro se appellant George F.X. Rombach electronically filed a petition in appeal. The January 25, 2022 submission is electronically signed by pro se appellant George F.X. Rombach on behalf of himself, and by attorney Dennis A. Rasmussen as attorney for appellant Constitution Association, Inc. The January 25, 2022 submission appears to be intended as the opening brief for this appeal. The Clerk will file the January 25, 2022 submission (Docket Entry No. [ # 7 ] ) on the docket as the opening brief for pro se appellant George F.X. Rombach only. Although signed by counsel for Constitution Association, Inc., the brief does not comply with the courts rules for a brief submitted by counsel. The Clerk will not file the January 25, 2022 submission as the opening brief for Constitution Association, Inc. The court will issue a separate brief deficiency notice directing counsel for Constitution Association, Inc., to correct the deficiencies in the brief. A review of the record reflects that pro se appellants Douglas V. Gibbs and Dennis R. Jackson have not complied with the courts December 10, 2021 order directing them to file a signed copy of the notice of appeal in the district court, and did not sign the January 25, 2022 submission in this court. The December 10, 2021 order warned that the appeal would be dismissed as to the non-complying appellants automatically by the Clerk under Ninth Circuit Rule 42-1. Accordingly, appellants Douglas V. Gibbs and Dennis R. Jackson are dismissed as appellants for failure to prosecute. See 9th Cir. R. 42-1. The Clerk will update the docket to reflect that Douglas V. Gibbs and Dennis R. Jackson are plaintiffs only, and not appellants in this appeal. The briefing schedule will be reset by separate order after appellant Constitution Association, Inc. complies with the brief deficiency notice. [12353750] (RT) [Entered: 01/27/2022 03:50 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellant George F.X. Rombach. Date of service: 01/25/2022. [12352001]--[COURT ENTERED FILING to replace entry [6].] (LA) [Entered: 01/26/2022 12:50 PM] |
| Filing 6 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Filed (ECF) Appellant George F.X. Rombach answer to Miscellaneous petition. Date of service: 01/21/2022. [12351364] [21-56287] (Rombach, George) [Entered: 01/25/2022 10:28 PM] |
| Filing 5 Added Attorney(s) Dennis Rasmussen for party(s) Appellant Constitution Association, Inc., in case 21-56287. [12330064] (NAC) [Entered: 01/04/2022 07:24 AM] |
| Filing 4 Filed (ECF) notice of appearance of Dennis Alan Rasmussen (Dennis Rasmussen 40639 Rosalie Avenue, Hemet, CA 92544) for Appellant Constitution Association, Inc.. Date of service: 12/31/2021. (Party was previously proceeding with counsel.) [12329968] [21-56287] (Rasmussen, Dennis) [Entered: 01/03/2022 06:12 PM] |
| Filing 3 A copy of 12/10/21 Order [ # 2 ] was served on Dennis A. Rasmussen at Law Office of Dennis Rasmussen, 40639 Rosalie Ave, Hemet, CA 92544. [12312937] (JMR) [Entered: 12/10/2021 02:46 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): A review of the record reflects that the November 26, 2021 notice of appeal was signed by one individual on behalf of the individual plaintiffs-appellants George F.X. Rombach, Douglas V. Gibbs, Dennis R. Jackson, and the corporate plaintiff-appellant Constitution Association, Inc. See Fed. R. App. P. 3(c)(2) (notice of appeal considered filed on behalf of the signer). Although the caption of the notice of appeal appears to list Dennis A. Rasmussen as counsel, no attorney has entered an appearance in the district court or this court on behalf of the individual plaintiffs-appellants or the corporation...If appellants fail to comply with this order, the appeal will be dismissed as to the non-complying appellants automatically by the Clerk under Ninth Circuit Rule 42-1. The Clerk will send a copy of this order to the address for attorney Dennis A. Rasmussen listed on the California State Bar website: Law Office of Dennis Rasmussen, 40639 Rosalie Ave, Hemet, CA 92544. (SEE ORDER FOR FULL TEXT) [12312916] (JMR) [Entered: 12/10/2021 02:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANTS. SEND MQ: No. The schedule is set as follows: Appellants Constitution Association, Inc., Douglas V. Gibbs, Dennis R. Jackson and George F.X. Rombach opening brief due 01/25/2022. Appellee Kamala D. Harris answering brief due 02/24/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12299389] (JBS) [Entered: 11/29/2021 10:30 AM] |
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