Creighton Meland v. Shirley Weber
| CREIGHTON MELAND |
| SHIRLEY WEBER, in her official capacity as Secretary of State of the State of California |
| PHILANTHROPY ROUNDTABLE, HAMILTON LINCOLN LAW INSTITUTE and AMERICAN CIVIL RIGHTS PROJECT |
| 22-15149 |
| February 1, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 37 Filed clerk order: The answering brief [ # 35 ] 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 [ # 36 ] 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. [12408585] (KT) [Entered: 03/30/2022 12:01 PM] |
| Filing 36 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Shirley Weber. Date of service: 03/28/2022. [12406978] [22-15149]--[COURT UPDATE: attached separated PDFs of supplemental excerpts of record. 03/30/2022 by KT] (Cisneros, Lisa) [Entered: 03/28/2022 09:32 PM] |
| Filing 35 Submitted (ECF) Answering Brief for review. Submitted by Appellee Shirley Weber. Date of service: 03/28/2022. [12406977] [22-15149] (Cisneros, Lisa) [Entered: 03/28/2022 09:29 PM] |
| Filing 34 Received 3 paper copies of excerpts of record [ # 12 ] in 3 volume(s) and index volume filed by Appellant Creighton Meland. [12393834] (KT) [Entered: 03/14/2022 12:25 PM] |
| Filing 33 Filed (ECF) Appellant Creighton Meland reply to response (motion to supplement record on appeal). Date of service: 03/14/2022. [12393799] [22-15149] (Boden, Anastasia) [Entered: 03/14/2022 12:04 PM] |
| Filing 32 Received 6 paper copies of Opening Brief [ # 17 ] filed by Creighton Meland. [12393605] (SD) [Entered: 03/14/2022 10:47 AM] |
| Filing 31 Received 6 paper copies of Amicus Brief [ # 18 ] filed by Philanthropy Roundtable. [12391652] (SD) [Entered: 03/10/2022 01:00 PM] |
| Filing 30 Filed clerk order: The opening brief [ # 17 ] submitted by Creighton Meland 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 [ # 12 ] submitted by Creighton Meland 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. [12391037] (KWG) [Entered: 03/09/2022 04:57 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: AC): Appellants motion to supplement the record on appeal, which appellee opposes in part, (Docket Entry No. [ # 13 ]) is referred to the panel that will be assigned to decide the merits of this appeal. Appellants motion to file a corrected brief (Docket Entry No. [ # 16 ]) is granted. The Clerk will file the opening brief submitted on February 25, 2022. The answering brief is now due March 28, 2022. The optional reply brief remains due within 21 days after service of the answering brief. [12391018] (WL) [Entered: 03/09/2022 04:36 PM] |
| Filing 28 Received 6 paper copies of Amicus Brief [ # 20 ] filed by American Civil Rights Project. [12390348] (SD) [Entered: 03/09/2022 11:25 AM] |
| Filing 27 Received 6 paper copies of Amicus Brief [ # 19 ] filed by Hamilton Lincoln Law Institute. [12388172] (SD) [Entered: 03/07/2022 02:13 PM] |
| Filing 26 Filed (ECF) Appellee Shirley Weber response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 03/04/2022. [12386989] [22-15149] (Cisneros, Lisa) [Entered: 03/04/2022 04:32 PM] |
| Filing 25 Filed (ECF) Appellee Shirley Weber response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing)). Date of service: 03/03/2022. [12385806] [22-15149] (Cisneros, Lisa) [Entered: 03/03/2022 04:14 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 20 ] submitted by American Civil Rights Project 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. [12385189] (KT) [Entered: 03/03/2022 10:56 AM] |
| Filing 23 Filed clerk order: The amicus brief [ # 19 ] submitted by Hamilton Lincoln Law Institute 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. [12385171] (KT) [Entered: 03/03/2022 10:47 AM] |
| Filing 22 Filed clerk order: The amicus brief [ # 18 ] submitted by Philanthropy Roundtable 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. [12385170] (KT) [Entered: 03/03/2022 10:46 AM] |
| Filing 21 Entered appearance of Amici Curiae Philanthropy Roundtable, Hamilton Lincoln Law Institute and American Civil Rights Project. [12385168] (KT) [Entered: 03/03/2022 10:46 AM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Civil Rights Project. Date of service: 03/02/2022. [12384919] [22-15149] (Mitchell, Jonathan) [Entered: 03/02/2022 08:52 PM] |
| Filing 19 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hamilton Lincoln Law Institute. Date of service: 03/02/2022. [12384917] [22-15149] (St. John, Anna) [Entered: 03/02/2022 07:39 PM] |
| Filing 18 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Philanthropy Roundtable. Date of service: 03/02/2022. [12384680] [22-15149] (McCarthy, Thomas) [Entered: 03/02/2022 03:28 PM] |
| Filing 17 Submitted (ECF) Opening Brief for review. Submitted by Appellant Creighton Meland. Date of service: 02/25/2022. [12380058] [22-15149]--[COURT UPDATE: attached corrected PDF of opening brief. 03/02/2022 by KT] (Boden, Anastasia) [Entered: 02/25/2022 10:58 AM] |
| Filing 16 Filed (ECF) Appellant Creighton Meland Motion to file substitute or corrected brief. Date of service: 02/25/2022. [12380050] [22-15149] (Boden, Anastasia) [Entered: 02/25/2022 10:55 AM] |
| Filing 15 Added Attorney(s) Laura Faer for party(s) Appellee Shirley Weber, in case 22-15149. [12379247] (JFF) [Entered: 02/24/2022 02:16 PM] |
| Filing 14 Filed (ECF) notice of appearance of Laura L. Faer (California Department of Justice 1515 Clay Street, 20th Floor Oakland, CA 94612) for Appellee Shirley Weber. Date of service: 02/24/2022. (Party was previously proceeding with counsel.) [12379231] [22-15149] (Faer, Laura) [Entered: 02/24/2022 02:11 PM] |
| Filing 13 Filed (ECF) Appellant Creighton Meland Motion to supplement record on appeal. Date of service: 02/23/2022. [12378558] [22-15149] (Boden, Anastasia) [Entered: 02/23/2022 07:15 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Creighton Meland. Date of service: 02/23/2022. [12378556] [22-15149]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 03/02/2022 by KT] (Boden, Anastasia) [Entered: 02/23/2022 07:12 PM] |
| Filing 11 STRICKEN PER ORDER [ # 29 ]. Corrected brief filed in [ # 17 ]. Submitted (ECF) Opening Brief for review. Submitted by Appellant Creighton Meland. Date of service: 02/23/2022. [12378547] [22-15149] (Boden, Anastasia) [Entered: 02/23/2022 06:27 PM] |
| Filing 10 Filed order (Deputy Clerk: AC): The unopposed motion for voluntary dismissal of appeal No. 22-15207 (Docket Entry No. [ # 9 ]) is granted. Appeal No. 22-15207 is dismissed. See Fed. R. App. P. 42(b). The opening brief for appeal No. 22-15149 remains due February 23, 2022; the answering brief is due March 23, 2022; 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). This order served on the district court shall act as and for the mandate for appeal No. 22-15207. [12374682] (AF) [Entered: 02/18/2022 11:57 AM] |
| Filing 9 Filed (ECF) Appellant Shirley Weber in 22-15207, Appellee Shirley Weber in 22-15149 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 02/14/2022. [12370035] [22-15207, 22-15149] (Cisneros, Lisa) [Entered: 02/14/2022 04:36 PM] |
| Filing 8 Added Attorney(s) Delbert Tran for party(s) Appellee Shirley Weber, in case 22-15149 Attorney(s) Delbert Tran for party(s) Appellant Shirley Weber, in case 22-15207. [12368346] [22-15149, 22-15207] (JFF) [Entered: 02/11/2022 03:48 PM] |
| Filing 7 Filed (ECF) notice of appearance of Delbert Tran (California Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco. California 94102) for Appellee Shirley Weber in 22-15149. Date of service: 02/11/2022. (Party was previously proceeding pro se.) [12368277] [22-15149, 22-15207] (Tran, Delbert) [Entered: 02/11/2022 03:26 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: AC): Appeal No. 22-15207 is a preliminary injunction appeal and a cross-appeal to appeal No. 22-15149. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaires for No. 22-15207 are 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. Appellant Creighton Melands first brief on cross-appeal remains due February 23, 2022; cross-appellant Shirley Webers second brief on cross-appeal is due March 23, 2022; the third brief on cross-appeal is due April 20, 2022; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. 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). [12367997] [22-15149, 22-15207] (WL) [Entered: 02/11/2022 01:45 PM] |
| Filing 5 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: to be set. Preliminary Injunction Cross Appeal. C.R. 3-3. [12366348] [22-15207, 22-15149] (RT) [Entered: 02/10/2022 11:46 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed January 26, 2022 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 no later than February 23, 2022; the answering brief is due March 23, 2022 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.[12357806] (WL) [Entered: 02/01/2022 03:28 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 02/01/2022. 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.[12357453]. [22-15149] (AD) [Entered: 02/01/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Creighton Meland Mediation Questionnaire. Date of service: 02/01/2022. [12357309] [22-15149] (Ortner, Daniel) [Entered: 02/01/2022 11:34 AM] |
| 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. [12357015] (RT) [Entered: 02/01/2022 09:36 AM] |
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