Andres Dominguez v. City of Scottsdale, et al
| ANDRES DOMINGUEZ |
| CITY OF SCOTTSDALE, a municipality, DANIEL KOLLER and NIKOLAS MCELLEY |
| 22-15454 |
| March 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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| ANDRES DOMINGUEZ V. CITY OF SCOTTSDALE, ET AL |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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Filing 45
MANDATE ISSUED.(RRC, MJB and RHD) Costs taxed against Appellant in the amount of $44.10. [12724084] (RL) [Entered: 05/30/2023 08:56 AM]
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Filing 44
Filed (ECF) Appellants City of Scottsdale, Daniel Koller and Nikolas McElley response non-opposing motion/form/notice at [ # 43 ] Bill of Costs (ECF Filing). Date of service: 05/23/2023. I certify that I have separately notified all parties not registered for Appellate Electronic Filing in this case with notice of this non-opposition. [12721351] [22-15454] (Davis, Lori) [Entered: 05/23/2023 03:14 PM]
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Filing 43
Filed (ECF) Appellee Andres Dominguez bill of costs (Form 10) in the amount of $44.10 USD. Date of service: 05/22/2023 [12720519] [22-15454] (Showalter, Jesse) [Entered: 05/22/2023 03:40 PM]
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Filing 42
FILED MEMORANDUM DISPOSITION (RICHARD R. CLIFTON, MARK J. BENNETT and ROOPALI H. DESAI) AFFIRMED IN PART AND DISMISSED IN PART. Defendants shall bear the costs on appeal. FILED AND ENTERED JUDGMENT. [12710479] (EHC) [Entered: 05/08/2023 09:07 AM]
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Filing 41
Deleted Incorrect Entry [12709140] (EHC) [Entered: 05/04/2023 02:38 PM]
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Filing 40
Deleted Duplicate Entry. Entered in error. Correct Entry: [39]. Original Text: ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MARK J. BENNETT and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12669192] (WWP) [Entered: 03/07/2023 02:43 PM]
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Filing 39
ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MARK J. BENNETT and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12669098] (WWP) [Entered: 03/07/2023 01:19 PM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Lori Simpson Davis, Esquire for Appellants City of Scottsdale, Daniel Koller and Nikolas McElley. Hearing in Other (Las Vegas, NV) on 03/07/2023 at 9:00AM (Courtroom: Las Vegas Courtroom 7C). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/03/2023. [12645585] [22-15454] (Davis, Lori) [Entered: 02/03/2023 10:09 AM]
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Filing 37
Added Attorney(s) Lauren E. Channell for party(s) Appellee Andres Dominguez, in case 22-15454. [12635820] (NAC) [Entered: 01/23/2023 11:03 AM]
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Filing 36
Filed (ECF) notice of appearance of Lauren E. Channell (Robbins & Curtin, pllc, 301 E. Bethany Home Road, Suite B-100, Phoenix, Arizona 85012) for Appellee Andres Dominguez. Date of service: 01/23/2023. (Party was previously proceeding with counsel.) [12635771] [22-15454] (Channell, Lauren) [Entered: 01/23/2023 10:47 AM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Jesse M. Showalter for Appellee Andres Dominguez. Hearing in Other (Las Vegas, NV) on 03/07/2023 at 09:00 A.M. (Courtroom: Las Vegas Courtroom 7C). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/03/2023. [12621336] [22-15454] (Showalter, Jesse) [Entered: 01/03/2023 10:58 AM]
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Filing 34
Notice of Oral Argument on Tuesday, March 7, 2023 - 09:00 A.M. - Las Vegas Courtroom 7C - Scheduled Location: Las Vegas NV. 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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, March 7, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12617567]. [22-15454] (KS) [Entered: 12/25/2022 06:08 AM]
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Filing 33
Received 6 paper copies of Reply Brief [ # 30 ] filed by Appellants. [12599200] (SD) [Entered: 11/30/2022 02:05 PM]
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Filing 32
Filed clerk order (Deputy Clerk: AC): The motion to reschedule oral argument (Docket Entry No. [ # 28 ]) is denied. [12597769] (OC) [Entered: 11/29/2022 10:13 AM]
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Filing 31
Filed clerk order: The reply brief [ # 30 ] submitted by appellants 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12595323] (SML) [Entered: 11/23/2022 03:09 PM]
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Filing 30
Submitted (ECF) Reply Brief for review. Submitted by Appellants City of Scottsdale, Daniel Koller and Nikolas McElley. Date of service: 11/22/2022. [12593661] [22-15454] (Davis, Lori) [Entered: 11/22/2022 09:31 AM]
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Filing 29
Filed (ECF) Appellee Andres Dominguez response opposing motion ([ # 28 ] Motion (ECF Filing), [ # 28 ] Motion (ECF Filing)). Date of service: 11/21/2022. [12592721] [22-15454] (Showalter, Jesse) [Entered: 11/21/2022 01:58 PM]
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Filing 28
Filed (ECF) Appellants City of Scottsdale, Daniel Koller and Nikolas McElley Motion to reschedule oral argument. Date of service: 11/18/2022. [12591609] [22-15454] (Davis, Lori) [Entered: 11/18/2022 03:02 PM]
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Filing 27
Filed (ECF) Attorney Jesse M. Showalter for Appellee Andres Dominguez response to notice for case being considered for oral argument. Date of service: 11/15/2022. [12587850] [22-15454] (Showalter, Jesse) [Entered: 11/15/2022 02:05 PM]
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Filing 26
This case is being considered for an upcoming oral argument calendar in Las Vegas. Please review the Las Vegas sitting dates for March 6-10, 2023 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). [12587704] (CSR) [Entered: 11/15/2022 12:47 PM]
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Filing 25
Filed 4 copies of DVD containing audio and video exhbits filed by Appellants. Sent to Records. [12582859] (SML) [Entered: 11/08/2022 02:26 PM]
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Filing 24
Filed clerk order (Deputy Clerk: HL): Appellants motion pursuant to 9th Cir. R. 27-14 for leave to transmit physical exhibits is granted. (Docket Entry No. [ # 14 ]). Appellants shall submit 4 copies of the exhibits within 7 days of the date of this order. [12578842] (OC) [Entered: 11/02/2022 01:27 PM]
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Filing 23
Received 6 paper copies of Answering Brief [ # 21 ] filed by Andres Dominguez. [12578807] (SD) [Entered: 11/02/2022 01:12 PM]
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Filing 22
Filed clerk order: The answering brief [ # 21 ] submitted by Andres Dominguez 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. [12578139] (SML) [Entered: 11/01/2022 02:42 PM]
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Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellee Andres Dominguez. Date of service: 11/01/2022. [12577990] [22-15454] (Showalter, Jesse) [Entered: 11/01/2022 01:46 PM]
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Filing 20
Streamlined request [19] by Appellee Andres Dominguez to extend time to file the brief is approved. Streamlined requests allow for 30 days. Amended briefing schedule: Appellee Andres Dominguez answering brief due 11/07/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12555623] (BG) [Entered: 10/04/2022 12:16 PM]
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Filing 19
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Andres Dominguez. New requested due date is 11/04/2022. [12555590] [22-15454] (Showalter, Jesse) [Entered: 10/04/2022 11:56 AM]
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Filing 18
Filed (ECF) Appellee Andres Dominguez response non-opposing motion/form/notice at [ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing). Date of service: 09/16/2022. I certify that I have separately notified all parties not registered for Appellate Electronic Filing in this case with notice of this non-opposition. [12541947] [22-15454] (Showalter, Jesse) [Entered: 09/16/2022 09:19 AM]
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Filing 17
Received 3 paper copies of excerpts of record [ # 13 ] in 2 volume(s) and index volume filed by appellants. [12539557] (CPA) [Entered: 09/13/2022 04:14 PM]
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Filing 16
Received 6 paper copies of Opening Brief [ # 12 ] filed by appellants. [12539549] (CPA) [Entered: 09/13/2022 04:09 PM]
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Filing 15
Filed clerk order: The opening brief [ # 12 ] submitted by appellants 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 [ # 13 ] submitted by appellants 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. [12536489] (SML) [Entered: 09/08/2022 04:37 PM]
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Filing 14
Filed (ECF) Appellants City of Scottsdale, Daniel Koller and Nikolas McElley Motion for miscellaneous relief [Motion for Leave to Transmit CD Exhibits to the Court]. Date of service: 09/06/2022. [12534186] [22-15454] (Davis, Lori) [Entered: 09/06/2022 02:50 PM]
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Filing 13
Submitted (ECF) excerpts of record. Submitted by Appellants City of Scottsdale, Daniel Koller and Nikolas McElley. Date of service: 09/06/2022. [12534174] [22-15454]--[COURT UPDATE: Attached corrected excerpts. 09/08/2022 by SML] (Davis, Lori) [Entered: 09/06/2022 02:45 PM]
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Filing 12
Submitted (ECF) Opening Brief for review. Submitted by Appellants City of Scottsdale, Daniel Koller and Nikolas McElley. Date of service: 09/06/2022. [12534156] [22-15454]--[COURT UPDATE: Attached corrected brief. 09/08/2022 by SML] (Davis, Lori) [Entered: 09/06/2022 02:41 PM]
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Filing 11
Filed (ECF) Appellants City of Scottsdale, Daniel Koller and Nikolas McElley Correspondence: Designation of Record on Appeal / Certification of No Transcript. Date of service: 08/23/2022 [12523924] [22-15454] (Davis, Lori) [Entered: 08/23/2022 12:26 PM]
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Filing 10
Streamlined request [9] by Appellants City of Scottsdale, Daniel Koller and Nikolas McElley to extend time to file the brief is approved. Amended briefing schedule: Appellants City of Scottsdale, Daniel Koller and Nikolas McElley opening brief due 09/06/2022. Appellee Andres Dominguez answering brief due 10/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12504084] (JN) [Entered: 07/28/2022 10:32 AM]
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Filing 9
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants City of Scottsdale, Daniel Koller and Nikolas McElley. New requested due date is 09/06/2022. [12504022] [22-15454] (Davis, Lori) [Entered: 07/28/2022 09:40 AM]
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Filing 8
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. The briefing schedule previously set by the court is amended as follows: Appellants City of Scottsdale, Daniel Koller and Nikolas McElley opening brief due 08/05/2022. Appellee Andres Dominguez answering brief due 09/07/2022. Appellants optional reply brief is due within 21 days afer service of the answering brief. [12471292] (CL) [Entered: 06/14/2022 06:34 PM]
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Filing 7
Filed order MEDIATION (SMC):A video conference mediation will be held on June 14, 2022, at 10:30 a.m. Pacific Time. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. Mediation statements no longer that 10 pages shall be submitted to the Circuit Mediator via e-mail (Sasha_M_Cummings@ca9.uscourts.gov) on or before June 7, 2022 by 12:00 p.m. (noon) Pacific Time. Should a party require more than 10 pages for their mediation brief, counsel should contact the Circuit Mediator prior to the date for submission to discuss such. Mediation statements should contain brief statements of the following.....Mediation statements should not be filed with the court. Counsel may also identify any documents filed with the district court that they wish the Circuit Mediator to review prior to the mediation. The confidentiality rules set out in the attached document cover all mediation communication, both oral and written. Counsel must review and provide a copy of the Confidentiality Rules to all mediation participants. The briefing schedule previously set by the court is amended as follows: appellants' opening brief is due July 6, 2022; appellee's answering brief is due August 5, 2022; and appellants' optional reply brief is due within 21 days from the service date of the answering brief.... (See order for full text) [12441728] (ABT) [Entered: 05/09/2022 01:45 PM]
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Filing 6
MEDIATION STATUS REPORT DUE - 05/04/2022. See order for details. [12431421] (CL) [Entered: 04/26/2022 01:24 PM]
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Filing 5
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/26/2022, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12414771] (BLS) [Entered: 04/07/2022 10:41 AM]
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Filing 4
Filed clerk order (Deputy Clerk: LCC): In addition to all other issues the parties wish to raise in their briefs, the parties are directed to address the basis for this courts jurisdiction over both the individual appellants and the City of Scottsdales respective appeals. See Villanueva v. California, 986 F.3d 1158, 1164 (9th Cir. 2021) (court of appeals has jurisdiction over interlocutory appeal from denial of qualified immunity only to the extent that it turns on an issue of law (citation omitted)); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). The established briefing schedule remains in effect. [12413044] (OC) [Entered: 04/05/2022 01:35 PM]
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Filing 3
The Mediation Questionnaire for this case was filed on 04/05/2022. 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.[12412980]. [22-15454] (AD) [Entered: 04/05/2022 12:44 PM]
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Filing 2
Filed (ECF) Appellants City of Scottsdale, Daniel Koller and Nikolas McElley Mediation Questionnaire. Date of service: 04/05/2022. [12412837] [22-15454] (Davis, Lori) [Entered: 04/05/2022 10:37 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants City of Scottsdale, Daniel Koller and Nikolas McElley Mediation Questionnaire due on 04/05/2022. Appellants City of Scottsdale, Daniel Koller and Nikolas McElley opening brief due 05/27/2022. Appellee Andres Dominguez answering brief due 06/27/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12407584] (JMR) [Entered: 03/29/2022 01:43 PM]
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