Thomas Short v. David Berger, et al
| THOMAS SHORT |
| DAVID BERGER, in his official capacity as Commandant of the United States Marine Corps and CARLOS DEL TORO, in his official capacity as Secretary of the Navy |
| 22-15755 |
| May 18, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 16 Filed clerk order (Deputy Clerk: TH): The appellees motion (Docket Entry No. [ # 12 ]) for an extension of time to file the answering brief is granted. The answering brief is due August 10, 2022. Any further request for an extension of time to file this brief is disfavored. The optional reply brief is due within 21 days after service of the answering brief. [12481609] (RY) [Entered: 06/28/2022 09:38 AM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 10 ] filed by Thomas Short. [12476918] (CPA) [Entered: 06/22/2022 11:17 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 2 volume(s) and index volume filed by Appellant Thomas Short. [12476331] (MLS) [Entered: 06/21/2022 04:14 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 10 ] submitted by Thomas Short 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 [ # 11 ] submitted by Thomas Short 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. [12472307] (SML) [Entered: 06/15/2022 04:09 PM] |
| Filing 12 Filed (ECF) Appellees David Berger and Carlos Del Toro Motion to extend time to file Answering brief until 08/10/2022. Date of service: 06/14/2022. [12471310] [22-15755] (Ross, Casen) [Entered: 06/14/2022 08:15 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Thomas Short. Date of service: 06/13/2022. [12469069] [22-15755] (Short, Catherine) [Entered: 06/13/2022 05:12 AM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant Thomas Short. Date of service: 06/13/2022. [12469068] [22-15755] (Short, Catherine) [Entered: 06/13/2022 05:09 AM] |
| Filing 9 Added Attorney(s) Lowell Sturgill Jr. for party(s) Appellee David Berger Appellee Carlos Del Toro, in case 22-15755. [12456341] (DJV) [Entered: 05/25/2022 02:15 PM] |
| Filing 8 Filed (ECF) notice of appearance of Lowell V. Sturgill Jr. (U.S. Department of Justice, Civil Division, Appellate Staff) for Appellees David Berger and Carlos Del Toro. Date of service: 05/25/2022. (Party was previously proceeding with counsel.) [12456319] [22-15755] (Sturgill, Lowell) [Entered: 05/25/2022 02:09 PM] |
| Filing 7 Filed (ECF) Appellant Thomas Short Mediation Questionnaire. Date of service: 05/23/2022. [12453876] [22-15755] (Short, Catherine) [Entered: 05/23/2022 01:30 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 05/23/2022. 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.[12453800]. [22-15755] (AD) [Entered: 05/23/2022 12:44 PM] |
| Filing 5 Filed (ECF) Appellees David Berger and Carlos Del Toro Mediation Questionnaire. Date of service: 05/23/2022. [12453217] [22-15755] (Ross, Casen) [Entered: 05/23/2022 07:05 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 17, 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 June 14, 2022; the answering brief is due July 12, 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. [12450646] (OC) [Entered: 05/18/2022 03:44 PM] |
| Filing 3 Attorneys Stuart Robinson and Stuart Robinson substituted by Attorneys Casen Ross and Casen Ross. [12450024] (RL) [Entered: 05/18/2022 11:42 AM] |
| 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 Carlos Del Toro and David Berger. Substitution for Attorney Stuart Robinson for Appellees David Berger and Carlos Del Toro. Date of service: 05/18/2022. (Party was previously proceeding with counsel.) [12449998] [22-15755] (Ross, Casen) [Entered: 05/18/2022 11:33 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. [12449976] (JBS) [Entered: 05/18/2022 11:25 AM] |
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| Plaintiff / appellant: THOMAS SHORT | |
| Represented By: | Catherine Short |
| Represented By: | William Short |
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| Defendant / appellee: DAVID BERGER, in his official capacity as Commandant of the United States Marine Corps | |
| Represented By: | Khanrat Piensook |
| Represented By: | Casen Ross |
| Represented By: | Lowell Sturgill Jr. |
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| Defendant / appellee: CARLOS DEL TORO, in his official capacity as Secretary of the Navy | |
| Represented By: | Khanrat Piensook |
| Represented By: | Casen Ross |
| Represented By: | Lowell Sturgill Jr. |
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