Jonathan Dunn v. Lloyd Austin, III, et al
| JONATHAN DUNN, Lieutenant Colonel |
| LLOYD J. AUSTIN III, US Secretary of Defense, FRANK KENDALL, US Secretary of the Air Force, GREGORY M. HAYNES, Colonel, JEFFREY PENNINGTON, Major General and UNITED STATES DEPARTMENT OF DEFENSE |
| TODD ZYWICKI, Professor and JEFFREY SINGER, M.D. |
| 22-15286 |
| February 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 38 Received 6 paper copies of Answering Brief [ # 34 ] filed by Appellees. [12430174] (SD) [Entered: 04/25/2022 01:43 PM] |
| Filing 37 Received 3 paper copies of supplemental excerpts of record [ # 35 ] in 1 volume(s) filed by Appellee. [12429754] (MLS) [Entered: 04/25/2022 09:53 AM] |
| Filing 36 Filed clerk order: The answering brief [ # 34 ] 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 supplemental excerpts of record [ # 35 ] submitted by appellees 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. [12427848] (KWG) [Entered: 04/21/2022 01:49 PM] |
| Filing 35 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington. Date of service: 04/21/2022. [12427805] [22-15286] (Carroll, Sarah) [Entered: 04/21/2022 01:33 PM] |
| Filing 34 Submitted (ECF) Answering Brief for review. Submitted by Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington. Date of service: 04/21/2022. [12427800] [22-15286] (Carroll, Sarah) [Entered: 04/21/2022 01:29 PM] |
| Filing 33 Received 6 paper copies of Amicus Brief [ # 27 ] filed by Jeffrey Singer and Todd Zywicki. [12414222] (SD) [Entered: 04/06/2022 02:21 PM] |
Filing 32
Filed order (A. WALLACE TASHIMA, MICHELLE T. FRIEDLAND and BRIDGET S. BADE) Order by Judges TASHIMA and FRIEDLAND; Dissent by Judge BADE. Appellants opposed emergency motion for an injunction pending appeal (Docket Entry No. [ # 11 ]) is denied. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Appellants request to extend the grant of interim relief, set forth in the reply brief in support of the motion, is denied. The interim stay granted in the March 11, 2022 order is terminated. The existing briefing schedule remains in effect. BADE, Circuit Judge, dissenting: I would grant the emergency motion for an injunction pending appeal and, in the absence of an injunction, I would extend interim relief to allow Appellant to seek emergency relief from the Supreme Court. [12411036] (JMR) [Entered: 04/01/2022 03:59 PM]
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| Filing 31 Filed clerk order: The amicus brief [ # 27 ] submitted by Jeffrey Singer and Todd Zywicki 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. [12411022] (SML) [Entered: 04/01/2022 03:49 PM] |
| Filing 30 Entered appearance of Amici Curiae Todd Zywicki and Jeffrey Singer. [12411021] (SML) [Entered: 04/01/2022 03:48 PM] |
| Filing 29 Filed (ECF) Appellant Jonathan Dunn citation of supplemental authorities. Date of service: 04/01/2022. [12410621] [22-15286] (Falk, Donald) [Entered: 04/01/2022 11:12 AM] |
| Filing 28 Filed (ECF) Appellant Jonathan Dunn citation of supplemental authorities. Date of service: 03/31/2022. [12410356] [22-15286] (Falk, Donald) [Entered: 03/31/2022 08:44 PM] |
| Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE PROFESSOR TODD ZYWICKI AND JEFFREY SINGER MD IN SUPPORT OF APPELLANT LT COL JONATHAN DUNN. Date of service: 03/31/2022. [12410127] [22-15286] (Yarger, Frederick) [Entered: 03/31/2022 03:27 PM] |
| Filing 26 Filed (ECF) Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington citation of supplemental authorities. Date of service: 03/31/2022. [12409739] [22-15286] (Carroll, Sarah) [Entered: 03/31/2022 11:15 AM] |
| Filing 25 Received 6 paper copies of Opening Brief [ # 19 ] filed by Jonathan Dunn. [12409084] (SD) [Entered: 03/30/2022 03:14 PM] |
| Filing 24 Received 3 paper copies of excerpts of record [ # 20 ] in 3 volume(s) and index volume filed by Jonathan Dunn. [12408921] (CPA) [Entered: 03/30/2022 02:28 PM] |
| Filing 23 Filed (ECF) Appellant Jonathan Dunn citation of supplemental authorities. Date of service: 03/28/2022. [12406628] [22-15286] (Falk, Donald) [Entered: 03/28/2022 03:28 PM] |
| Filing 22 Filed (ECF) Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington citation of supplemental authorities. Date of service: 03/28/2022. [12405973] [22-15286] (Carroll, Sarah) [Entered: 03/28/2022 10:27 AM] |
| Filing 21 Filed clerk order: The opening brief [ # 19 ] submitted by Jonathan Dunn 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 [ # 20 ] submitted by Jonathan Dunn 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. [12405890] (SML) [Entered: 03/28/2022 09:35 AM] |
| Filing 20 Submitted (ECF) excerpts of record. Submitted by Appellant Jonathan Dunn. Date of service: 03/24/2022. [12404715] [22-15286] (Falk, Donald) [Entered: 03/24/2022 10:50 PM] |
| Filing 19 Submitted (ECF) Opening Brief for review. Submitted by Appellant Jonathan Dunn. Date of service: 03/24/2022. [12404714] [22-15286] (Falk, Donald) [Entered: 03/24/2022 10:44 PM] |
| Filing 18 Added Attorney(s) Gene C. Schaerr for party(s) Appellant Jonathan Dunn, in case 22-15286. [12402344] (NAC) [Entered: 03/23/2022 07:55 AM] |
| Filing 17 Filed (ECF) notice of appearance of Gene C. Schaerr (Schaerr | Jaffe LLP, 1717 K Street NW, Suite 900, Washington, DC 20006) for Appellant Jonathan Dunn. Date of service: 03/23/2022. (Party was previously proceeding with counsel.) [12402300] [22-15286] (Schaerr, Gene) [Entered: 03/23/2022 06:37 AM] |
| Filing 16 Added Attorney(s) Joshua James Prince for party(s) Appellant Jonathan Dunn, in case 22-15286. [12400567] (NAC) [Entered: 03/21/2022 01:32 PM] |
| Filing 15 Filed (ECF) notice of appearance of Joshua James Prince (Schaerr | Jaffe LLP, 1717 K Street NW, Suite 900, Washington, DC 20006) for Appellant Jonathan Dunn. Date of service: 03/21/2022. (Party was previously proceeding with counsel.) [12400561] [22-15286] (Prince, Joshua) [Entered: 03/21/2022 01:29 PM] |
| Filing 14 Filed (ECF) Appellant Jonathan Dunn reply to response (). Date of service: 03/21/2022. [12400016] [22-15286] (Falk, Donald) [Entered: 03/21/2022 08:39 AM] |
| Filing 13 Filed (ECF) Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington response opposing motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing)). Date of service: 03/16/2022. [12396601] [22-15286] (Carroll, Sarah) [Entered: 03/16/2022 01:51 PM] |
| Filing 12 Filed order (A. WALLACE TASHIMA and BRIDGET S. BADE): The court has received appellants emergency motion for injunctive relief and request for immediate interim relief. The request for immediate interim relief is granted. The opposition to the emergency motion for an injunction pending appeal is due March 16, 2022. The optional reply is due by 9:00 a.m. Pacific Time on March 21, 2022. (COURT UPDATE: To update the content of the order; 3/11/2022 by AF) [12392823] (AF) [Entered: 03/11/2022 02:56 PM] |
| Filing 11 Filed (ECF) Appellant Jonathan Dunn EMERGENCY Motion for injunction pending appeal. Date of service: 03/09/2022. [12391091] [22-15286] (Falk, Donald) [Entered: 03/09/2022 06:36 PM] |
| Filing 10 Added Attorney(s) Donald Falk for party(s) Appellant Jonathan Dunn, in case 22-15286. [12384685] (NAC) [Entered: 03/02/2022 03:31 PM] |
| Filing 9 Filed (ECF) notice of appearance of Donald Manwell Falk (Schaerr Jaffe LLP, Four Embarcadero Center, Suite 1400, San Francisco, CA 94111) for Appellant Jonathan Dunn. Date of service: 03/02/2022. (Party was previously proceeding with counsel.) [12384679] [22-15286] (Falk, Donald) [Entered: 03/02/2022 03:28 PM] |
| Filing 8 Attorney Courtney Danielle Enlow in 22-15286 substituted by Attorney Sarah W. Carroll in 22-15286 [12384543] (NAC) [Entered: 03/02/2022 02:33 PM] |
| Filing 7 Filed (ECF) notice of appearance of Sarah Wendy Carroll (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Room 7511, Washington, DC 20530) for Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington. Substitution for Attorney Courtney Danielle Enlow for Appellees Lloyd J. Austin, III, Gregory M. Haynes, Frank Kendall, Jeffrey Pennington and DOD. Date of service: 03/02/2022. (Party was previously proceeding with counsel.) [12384513] [22-15286] (Carroll, Sarah) [Entered: 03/02/2022 02:22 PM] |
| Filing 6 Added Attorney(s) Lowell Sturgill Jr. for party(s) Appellee Frank Kendall Appellee Gregory M. Haynes Appellee Lloyd J. Austin III Appellee Jeffrey Pennington Appellee DOD, in case 22-15286. [12383914] (NAC) [Entered: 03/02/2022 09:17 AM] |
| Filing 5 Filed (ECF) notice of appearance of Lowell V. Sturgill Jr. (U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Room 7241, Washington, D.C. 20005) for Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington. Date of service: 03/02/2022. (Party was previously proceeding with counsel.) [12383869] [22-15286] (Sturgill, Lowell) [Entered: 03/02/2022 08:48 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 24, 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 March 24, 2022; the answering brief is due April 21, 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. [12383593] (JMR) [Entered: 03/01/2022 04:11 PM] |
| Filing 3 Added Attorney(s) Casen Ross for party(s) Appellee Frank Kendall Appellee Gregory M. Haynes Appellee Lloyd J. Austin III Appellee Jeffrey Pennington Appellee DOD, in case 22-15286. [12381862] (NAC) [Entered: 02/28/2022 01:16 PM] |
| Filing 2 Filed (ECF) notice of appearance of Casen B. Ross (U.S. Department of Justice - Civil Appellate Staff, 950 Pennsylvania Ave NW Washington, DC 20530) for Appellees Lloyd J. Austin, III, DOD, Gregory M. Haynes, Frank Kendall and Jeffrey Pennington. Date of service: 02/28/2022. (Party was previously proceeding with counsel.) [12381853] [22-15286] (Ross, Casen) [Entered: 02/28/2022 01:14 PM] |
| 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. [12381470] (RT) [Entered: 02/28/2022 10:05 AM] |
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