Christopher Pyle v. City of Redondo Beach Police, et al
| CHRISTOPHER PYLE |
| CITY OF REDONDO BEACH POLICE DEPARTMENT, a California Public Entity, JOHN ANDERSON, individually and in his official capacity as a Police Officer for the City Redondo Beach, DEREK THEURER, individually and in his official capacity as a Police Officer for the City Redondo Beach and DOES, 1 through 100, individually and in their official capacities as Police Officers for the City of Redondo Beach, inclusive |
| 21-56318 |
| December 7, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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| CHRISTOPHER PYLE V. CITY OF REDONDO BEACH POLICE, ET AL |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 36
MANDATE ISSUED.(SAH, MBC and PJB) [12587233] (DJV) [Entered: 11/15/2022 07:43 AM]
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Filing 35
FILED MEMORANDUM DISPOSITION (STEPHEN A. HIGGINSON, MORGAN B. CHRISTEN and PATRICK J. BUMATAY) The order and judgment of the district court are AFFIRMED. Pyles motion to remand is DENIED. FILED AND ENTERED JUDGMENT. [12571309] (AKM) [Entered: 10/24/2022 11:28 AM]
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Filing 34
SUBMITTED ON THE BRIEFS TO STEPHEN A. HIGGINSON, MORGAN B. CHRISTEN and PATRICK J. BUMATAY. [12566072] (BG) [Entered: 10/18/2022 10:37 AM]
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Filing 33
Filed (ECF) Appellant Christopher Pyle Motion to remand case. Date of service: 10/18/2022. [12565810] [21-56318] (Miner, Shelby) [Entered: 10/18/2022 07:59 AM]
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Filing 32
Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on October 18, 2022 in Pasadena, California. Fed. R. App. P. 34(a)(2). [12536733] (AF) [Entered: 09/09/2022 09:44 AM]
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Filing 31
Notice of Oral Argument on Tuesday, October 18, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. 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, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Tuesday, October 18, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12511050]. [21-56318] (KS) [Entered: 08/07/2022 06:09 AM]
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Filing 30
Filed (ECF) Attorney Ms. Shelby Miner for Appellant Christopher Pyle response to notice for case being considered for oral argument. Date of service: 06/27/2022. [12481093] [21-56318] (Miner, Shelby) [Entered: 06/27/2022 03:39 PM]
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Filing 29
Filed (ECF) Attorney Mr. Scott Wm. Davenport for Appellees John Anderson, City of Redondo Beach Police Department and Derek Theurer response to notice for case being considered for oral argument. Date of service: 06/27/2022. [12480511] [21-56318] (Davenport, Scott) [Entered: 06/27/2022 11:11 AM]
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Filing 28
Added Attorney(s) Scott Wm. Davenport for party(s) Appellee Derek Theurer Appellee John Anderson Appellee City of Redondo Beach Police Department, in case 21-56318. [12480494] (DJV) [Entered: 06/27/2022 11:04 AM]
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Filing 27
Filed (ECF) notice of appearance of Scott Wm. Davenport (Manning & Kass, 801 South Figueroa Street, 15th Floor, Los Angeles, CA 90017) for Appellees John Anderson, City of Redondo Beach Police Department and Derek Theurer. Date of service: 06/27/2022. (Party was previously proceeding with counsel.) [12480482] [21-56318] (Davenport, Scott) [Entered: 06/27/2022 10:58 AM]
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Filing 26
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 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).[12477007]. [21-56318] (KS) [Entered: 06/22/2022 11:51 AM]
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Filing 25
Received 6 paper copies of Answering Brief [ # 23 ] filed by appellees. [12464147] (NAR) [Entered: 06/06/2022 11:43 AM]
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Filing 24
Filed clerk order: The answering brief [ # 23 ] submitted by appellees 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 paper copies shall be submitted to the principal office of the Clerk. [12461865] (LA) [Entered: 06/02/2022 10:46 AM]
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Filing 23
Submitted (ECF) Answering Brief for review. Submitted by Appellees John Anderson, City of Redondo Beach Police Department and Derek Theurer. Date of service: 06/01/2022. [12461598] [21-56318] (Smith, Gary) [Entered: 06/01/2022 05:49 PM]
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Filing 22
Received 3 paper copies of excerpts of record [ # 18 ] in 1 volume(s) filed by Christopher Pyle. [12453781] (NAR) [Entered: 05/23/2022 12:23 PM]
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Filing 21
Received 6 paper copies of Opening Brief [ # 17 ] filed by Christopher Pyle. [12453780] (NAR) [Entered: 05/23/2022 12:22 PM]
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Filing 20
Filed clerk order: The opening brief [ # 17 ] submitted by Christopher Pyle 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 [ # 18 ] submitted by Christopher Pyle 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. [12444931] (KT) [Entered: 05/12/2022 09:11 AM]
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Filing 19
Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 16 ]) for an extension of time to file the opening brief is granted. The Clerk will file the opening brief (Docket Entry No. [ # 17 ]). The answering brief is now due June 1, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12444349] (AF) [Entered: 05/11/2022 02:18 PM]
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Filing 18
Submitted (ECF) excerpts of record. Submitted by Appellant Christopher Pyle. Date of service: 05/02/2022. [12436513] [21-56318]--[COURT UPDATE: attached corrected PDF of excerpts of record. 05/10/2022 by KT] (Miner, Shelby) [Entered: 05/02/2022 11:36 PM]
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Filing 17
Submitted (ECF) Opening Brief for review. Submitted by Appellant Christopher Pyle. Date of service: 05/02/2022. [12436512] [21-56318]--[COURT UPDATE: attached corrected PDF of opening brief. 05/10/2022 by KT] (Miner, Shelby) [Entered: 05/02/2022 11:35 PM]
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Filing 16
Filed (ECF) Appellant Christopher Pyle Motion to extend time to file Opening brief until 05/02/2022. Date of service: 04/28/2022. [12434192] [21-56318] (Miner, Shelby) [Entered: 04/28/2022 08:23 PM]
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Filing 15
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 18 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant Christopher Pyle. Date of service: 04/27/2022. [12433018] [21-56318] (Miner, Shelby) [Entered: 04/27/2022 11:22 PM]
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Filing 14
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 17 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellant Christopher Pyle. Date of service: 04/27/2022. [12433017] [21-56318] (Miner, Shelby) [Entered: 04/27/2022 10:36 PM]
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Filing 13
Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 12 ] (ECF Filing) filed by Appellant Christopher Pyle; Appellant Christopher Pyle opening brief due 04/27/2022. Appellees John Anderson, City of Redondo Beach Police Department, Does and Derek Theurer answering brief due 05/27/2022. The optional reply brief is due 21 days after service of the answering brief. [12407312] (GS) [Entered: 03/29/2022 10:49 AM]
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Filing 12
Filed (ECF) Appellant Christopher Pyle Motion to extend time to file Opening brief until 04/27/2022. Date of service: 03/28/2022. [12406671] [21-56318] (Miner, Shelby) [Entered: 03/28/2022 03:44 PM]
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Filing 11
Streamlined request [10] by Appellant Christopher Pyle to extend time to file the brief is not approved because the request is late. The filer must file a motion per 9th Cir. R. 31-2.2(b). [12401024] (DLM) [Entered: 03/21/2022 06:18 PM]
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Filing 10
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Christopher Pyle. New requested due date is 04/15/2022. [12397235] [21-56318] (Miner, Shelby) [Entered: 03/17/2022 07:45 AM]
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Filing 9
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 appeal is pending. [12392223] (CL) [Entered: 03/10/2022 06:12 PM]
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Filing 8
Filed order MEDIATION (KS): A video mediation of February 17, 2022 will continue on March 3, 2022, at 10:00 a.m. Pacific Time, with Circuit Mediator, Kay Suk. Unless excused by the Circuit Mediator prior to the scheduled conference, the following participants shall attend on behalf of appellant: Christopher Pyle and Shelby Miner. Unless excused by the Circuit Mediator prior to the scheduled conference, the following participants shall attend on behalf of appellee: Mae Alberto and a representative of the City of Redondo Beach Police Department. Participants shall have full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Participants should plan to spend the entire day engaged in meaningful settlement discussions and come prepared with thoughtful solutions to this dispute. [12375238] (AF) [Entered: 02/18/2022 04:14 PM]
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Filing 7
Filed order MEDIATION (KS): A video mediation will be held on February 17, 2022, at 10:00 a.m. Pacific Time, with Circuit Mediator, Kay Suk. Unless excused by the Circuit Mediator prior to the scheduled conference, the following participants shall attend on behalf of appellant: Christopher Pyle and Shelby Miner. Unless excused by the Circuit Mediator prior to the scheduled conference, the following participants shall attend on behalf of appellee: Mae Alberto and a representative of the City of Redondo Beach Police Department. Participants shall have full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements shall be submitted to the Circuit Mediator via e-mail [Kay_Suk@ca9.uscourts.gov] on or before February 14, 2022 by 5:00 p.m....Mediation statements shall not be filed with the court. (SEE ORDER FOR FULL TEXT) [12363592] (AF) [Entered: 02/08/2022 09:34 AM]
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Filing 6
MEDIATION STATUS REPORT DUE - 02/01/2022. See order for details. [12352075] (BLS) [Entered: 01/26/2022 01:33 PM]
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Filing 5
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/25/2022, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12339325] (CL) [Entered: 01/12/2022 04:21 PM]
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Filing 4
The Mediation Questionnaire for this case was filed on 12/29/2021. 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.[12327588]. [21-56318] (AD) [Entered: 12/30/2021 06:44 AM]
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Filing 3
Filed (ECF) Appellant Christopher Pyle Mediation Questionnaire. Date of service: 12/29/2021. [12327557] [21-56318] (Miner, Shelby) [Entered: 12/29/2021 10:08 PM]
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Filing 2
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. [12323857] (LW) [Entered: 12/23/2021 09:33 AM]
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| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Christopher Pyle Mediation Questionnaire due on 12/14/2021. Appellant Christopher Pyle opening brief due 02/04/2022. Appellees John Anderson, City of Redondo Beach Police Department, Does and Derek Theurer answering brief due 03/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12308905] (JMR) [Entered: 12/07/2021 02:58 PM] |
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| Plaintiff / appellant: CHRISTOPHER PYLE | |
| Represented By: | Shelby Miner |
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| Defendant / appellee: CITY OF REDONDO BEACH POLICE DEPARTMENT, a California Public Entity | |
| Represented By: | Mildred Katherine O'Linn Esquire |
| Represented By: | H. Mae G. Alberto |
| Represented By: | Gary Craig Smith |
| Represented By: | Scott Wm. Davenport |
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| Defendant / appellee: JOHN ANDERSON, individually and in his official capacity as a Police Officer for the City Redondo Beach | |
| Represented By: | Mildred Katherine O'Linn Esquire |
| Represented By: | H. Mae G. Alberto |
| Represented By: | Gary Craig Smith |
| Represented By: | Scott Wm. Davenport |
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| Defendant / appellee: DEREK THEURER, individually and in his official capacity as a Police Officer for the City Redondo Beach | |
| Represented By: | Mildred Katherine O'Linn Esquire |
| Represented By: | H. Mae G. Alberto |
| Represented By: | Gary Craig Smith |
| Represented By: | Scott Wm. Davenport |
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| Defendant / appellee: DOES, 1 through 100, individually and in their official capacities as Police Officers for the City of Redondo Beach, inclusive | |
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