TGP Communications, LLC, et al v. Jack Sellers, et al
| TGP COMMUNICATIONS, LLC, a Missouri limited liability company, DBA The Gateway Pundit and JORDAN CONRADSON, an individual |
| JACK SELLERS, BILL GATES, CLINT HICKMAN, STEVE GALLARDO, in their respective official capacities as members of the Maricopa County Board of Supervisors, STEPHEN RICHER, in his official capacity as the Maricopa County Recorder, SCOTT JARRETT, in their official capacities as Maricopa County Election Directors, MARCUS MILAM, in their official caoacities as Maricopa County Communications Officer, REY VALENZUELA and MEGAN GILBERTSON |
| ST. MICHAEL'S MEDIA, INC., WE THE PEOPLE - HARTFORD, CONRAD COMMUNICATIONS, LLC, STANTON FOUNDATION FIRST AMENDMENT CLINIC AT VANDERBILT LAW SCHOOL, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, THE MARION B. BRECHNER FIRST AMENDMENT PROJECT and FIRST AMENDMENT LAWYERS ASSOCIATION |
| 22-16826 |
| November 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 51 ARGUED AND SUBMITTED TO CONSUELO M. CALLAHAN, RYAN D. NELSON and HOLLY A. THOMAS. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12629280] (BG) [Entered: 01/12/2023 11:47 AM] |
| Filing 50 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joseph James Branco for Appellees Steve Gallardo, Bill Gates, Megan Gilbertson, Clint Hickman, Scott Jarrett, Marcus Milam, Stephen Richer, Jack Sellers and Rey Valenzuela. Hearing in Pasadena on 01/12/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/30/2022. [12620390] [22-16826] (Branco, Joseph) [Entered: 12/30/2022 10:25 AM] |
| Filing 49 Received 6 paper copies of Reply Brief [ # 46 ] filed by Jordan Conradson and TGP Communications, LLC. (sent to panel) [12620023] (SD) [Entered: 12/29/2022 01:55 PM] |
| Filing 48 Received 6 paper copies of Answering Brief [ # 39 ] filed by Appellees. (sent to panel) [12619549] (SD) [Entered: 12/28/2022 04:50 PM] |
| Filing 47 Filed clerk order: The reply brief [ # 46 ] submitted by Jordan Conradson and TGP Communications, LLC 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. [12617763] (KT) [Entered: 12/27/2022 08:43 AM] |
| Filing 46 Submitted (ECF) Reply Brief for review. Submitted by Appellants Jordan Conradson and TGP Communications, LLC. Date of service: 12/23/2022. [12617527] [22-16826] (Randazza, Marc) [Entered: 12/23/2022 06:10 PM] |
| Filing 45 Received 6 paper copies of Amicus Brief [ # 34 ] filed by First Amendment Lawyers Association. (sent to panel) [12617172] (SD) [Entered: 12/23/2022 10:28 AM] |
| Filing 44 Received 6 paper copies of Amicus Brief [ # 25 ] filed by Conrad Communications, LLC. (sent to panel) [12616503] (SD) [Entered: 12/22/2022 12:02 PM] |
| Filing 43 Received 6 paper copies of Amicus Brief [ # 29 ] filed by Foundation for Individual Rights and Expression and The Marion B. Brechner First Amendment Project. (sent to panel) [12615833] (SD) [Entered: 12/21/2022 01:59 PM] |
| Filing 42 Received 6 paper copies of Amicus Brief [ # 28 ] filed by Stanton Foundation First Amendment Clinic at Vanderbilt Law School. (sent to panel) [12615105] (SD) [Entered: 12/20/2022 02:48 PM] |
| Filing 41 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Marc J. Randazza for Appellants Jordan Conradson and TGP Communications, LLC. Hearing in Pasadena on 01/12/2023 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) 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: 12/20/2022. [12615087] [22-16826] (Randazza, Marc) [Entered: 12/20/2022 02:37 PM] |
| Filing 40 Filed clerk order: The answering brief [ # 39 ] 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. [12614392] (KT) [Entered: 12/19/2022 04:42 PM] |
| Filing 39 Submitted (ECF) Answering Brief for review. Submitted by Appellees Steve Gallardo, Bill Gates, Megan Gilbertson, Clint Hickman, Scott Jarrett, Marcus Milam, Stephen Richer, Jack Sellers and Rey Valenzuela. Date of service: 12/19/2022. [12614091] [22-16826] (Moore, Sean) [Entered: 12/19/2022 02:35 PM] |
| Filing 38 Filed clerk order: The amicus brief [ # 34 ] submitted by First Amendment Lawyers Association 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. [12613876] (KT) [Entered: 12/19/2022 12:41 PM] |
| Filing 37 Received 7 paper copies of Amicus Brief [ # 20 ] filed by St. Michael's Media, Inc.. [12613820] (SD) [Entered: 12/19/2022 11:53 AM] |
| Filing 36 Entered appearance of Amicus Curiae First Amendment Lawyers Association, Amicus Curiae - Pending We the People - Hartford. [12613403] (KT) [Entered: 12/19/2022 09:13 AM] |
| Filing 35 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by We the People - Hartford. Date of service: 12/16/2022. [12613180] [22-16826]--[COURT UPDATE: attached corrected PDF of amicus brief. 12/27/2022 by KT] (Cerame, Mario) [Entered: 12/16/2022 10:40 PM] |
| Filing 34 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by First Amendment Lawyers Association. Date of service: 12/16/2022. [12613071] [22-16826]--[COURT UPDATE: attached corrected PDF of amicus brief. 12/19/2022 by KT] (Sperlein, D.) [Entered: 12/16/2022 05:02 PM] |
| Filing 33 Filed clerk order: The amicus brief [ # 29 ] submitted by Foundation for Individual Rights and Expression and The Marion B. Brechner First Amendment 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. [12612611] (KT) [Entered: 12/16/2022 01:35 PM] |
| Filing 32 Filed clerk order: The amicus brief [ # 28 ] submitted by Stanton Foundation First Amendment Clinic at Vanderbilt Law School 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. [12612606] (KT) [Entered: 12/16/2022 01:32 PM] |
| Filing 31 Entered appearance of Amici Curiae Stanton Foundation First Amendment Clinic at Vanderbilt Law School, Foundation for Individual Rights and Expression and The Marion B. Brechner First Amendment Project. [12612603] (KT) [Entered: 12/16/2022 01:30 PM] |
| Filing 30 Notice of Oral Argument on Thursday, January 12, 2023 - 09:00 A.M. - Courtroom 1 - 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. 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 Thursday, January 12, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12612583]. [22-16826] (KS) [Entered: 12/16/2022 01:08 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Foundation for Individual Rights and Expression and The Marion B. Brechner First Amendment Project. Date of service: 12/16/2022. [12612521] [22-16826] (London, Ronald) [Entered: 12/16/2022 12:13 PM] |
| Filing 28 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Stanton Foundation First Amendment Clinic at Vanderbilt Law School. Date of service: 12/16/2022. [12612508] [22-16826] (Safstrom, Jennifer) [Entered: 12/16/2022 12:08 PM] |
| Filing 27 Filed clerk order: The amicus brief [ # 25 ] submitted by Conrad Communications, LLC 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. [12611913] (KT) [Entered: 12/15/2022 04:25 PM] |
| Filing 26 Entered appearance of Amicus Curiae Conrad Communications, LLC. [12611912] (KT) [Entered: 12/15/2022 04:24 PM] |
| Filing 25 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CONRAD COMMUNICATIONS, LLC, d/b/a THIS IS RENO. Date of service: 12/15/2022. [12611669] [22-16826] (Busby, Luke) [Entered: 12/15/2022 01:43 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 20 ] submitted by St. Michael's Media, Inc. 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. [12610794] (KT) [Entered: 12/14/2022 03:19 PM] |
| Filing 23 Entered appearance of Amicus Curiae St. Michael's Media, Inc. [12610791] (KT) [Entered: 12/14/2022 03:18 PM] |
| Filing 22 Received 3 paper copies of excerpts of record [ # 17 ] in 3 volume(s) and index volume filed by Jordan Conradson and TGP Communications, LLC. [12610511] (NAR) [Entered: 12/14/2022 01:23 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 16 ] filed by Jordan Conradson and TGP Communications, LLC. [12610509] (NAR) [Entered: 12/14/2022 01:22 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae St. Michael's Media, Inc. in Support of TGP Communications, LLC and Jordan Conradson's Appeal Seeking Reversal of the Trial Court's Order Denying Motion for Preliminary Injunction by Kathleen H. Klaus, Admission Pending. Date of service: 12/14/2022. [12610357] [22-16826] (Klaus, Kathleen) [Entered: 12/14/2022 11:51 AM] |
| Filing 19 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Marc J. Randazza for Appellants Jordan Conradson and TGP Communications, LLC. Hearing in Pasadena on 01/10/2023 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20) 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: 12/13/2022. [12609860] [22-16826] (Randazza, Marc) [Entered: 12/13/2022 07:33 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 16 ] submitted by Jordan Conradson and TGP Communications, LLC 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 [ # 17 ] submitted by Jordan Conradson and TGP Communications, LLC 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. [12606872] (KT) [Entered: 12/09/2022 12:51 PM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellants Jordan Conradson and TGP Communications, LLC. Date of service: 12/08/2022. [12606185] [22-16826]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 12/09/2022 by KT] (Randazza, Marc) [Entered: 12/08/2022 05:35 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellants Jordan Conradson and TGP Communications, LLC. Date of service: 12/08/2022. [12606184] [22-16826]--[COURT UPDATE: attached corrected PDF of opening brief. 12/09/2022 by KT] (Randazza, Marc) [Entered: 12/08/2022 05:32 PM] |
| Filing 15 Added Attorney Jay Marshall Wolman for Appellants TGP Communications, LLC and Jordan Conradson, in case 22-16826. [12602290] (HH) [Entered: 12/05/2022 01:01 PM] |
| Filing 14 Filed (ECF) notice of appearance of Jay Marshall Wolman (Randazza Legal Group, PLLC, 100 Pearl Street, 14th Floor, Hartford, CT 06103) for Appellants Jordan Conradson and TGP Communications, LLC. Date of service: 12/05/2022. (Party was previously proceeding with counsel.) [12602270] [22-16826] (Wolman, Jay) [Entered: 12/05/2022 12:51 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: AF): Even though the injunctive relief analysis usually turns on findings of likelihood of success on the merits and irreparable harm, the two other factors we consider in determining whether to grant an injunction also favor granting relief here. Permitting Conradson to attend press briefings pending resolution on the merits would not prejudice Appellees because no one would be obliged to speak with him.5 Alaska Landmine, 514 F. Supp. 3d at 1135. Finally, the public interest is served by ensuring that the Countys administration of press-pass credentials complies with the First Amendment. See Hernandez v. Sessions, 872 F.3d 976, 996 (9th Cir. 2017) (Generally, public interest concerns are implicated when a constitutional right has been violated, because all citizens have a stake in upholding the Constitution. (quoting Preminger v. Principi, 422 F.3d 815, 826 (9th Cir. 2005)). GRANTED. (SEE ORDER FOR FULL TEXT) [12601929] (AF) [Entered: 12/05/2022 10:11 AM] |
| Filing 12 Filed (ECF) Appellants Jordan Conradson and TGP Communications, LLC reply to response (). Date of service: 12/02/2022. [12600630] [22-16826] (Randazza, Marc) [Entered: 12/02/2022 08:52 AM] |
| Filing 11 Filed (ECF) Appellees Steve Gallardo, Bill Gates, Megan Gilbertson, Clint Hickman, Scott Jarrett, Marcus Milam, Stephen Richer, Jack Sellers and Rey Valenzuela response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 12/01/2022. [12600315] [22-16826] (Moore, Sean) [Entered: 12/01/2022 02:43 PM] |
| Filing 10 Added Attorney Sean Mikel Moore for Appellees Jack Sellers, et al., in case 22-16826. [12600145] (HH) [Entered: 12/01/2022 12:28 PM] |
| Filing 9 Filed (ECF) notice of appearance of Sean M. Moore (Maricopa County Attorney's Office, Civil Services Division, 225 W. Madison Street, Phoenix, Arizona 85003) for Appellees Scott Jarrett, Steve Gallardo, Bill Gates, Megan Gilbertson, Clint Hickman, Marcus Milam, Stephen Richer, Jack Sellers and Rey Valenzuela. Date of service: 12/01/2022. (Party was previously proceeding with counsel.) [12600123] [22-16826] (Moore, Sean) [Entered: 12/01/2022 11:57 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for an injunction pending appeal. The response to that motion is due by 3 p.m. Pacific Time on December 1, 2022. The optional reply in support of the motion is due by 9 a.m. Pacific Time on December 2, 2022. [12599668] (SAM) [Entered: 11/30/2022 05:45 PM] |
| Filing 7 Notice of Oral Argument on Tuesday, January 10, 2023 - 09:00 A.M. - Courtroom 1 - 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. 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, January 10, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12599428]. [22-16826] (KS) [Entered: 11/30/2022 03:38 PM] |
| Filing 6 Filed order (M. MARGARET MCKEOWN, KIM MCLANE WARDLAW and WILLIAM A. FLETCHER) The emergency motion to expedite (Docket Entry No. [ # 2 ]) is granted in part and denied in part. Appellants opening brief is due December 8, 2022. Appellees answering brief is due December 19, 2022. Appellants optional reply brief is due December 23, 2022. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). The Clerk will place this appeal on the calendar for January 2023. See 9th Cir. Gen. Order 3.3(g). [12598969] (WL) [Entered: 11/30/2022 11:53 AM] |
| Filing 5 Filed (ECF) Appellants Jordan Conradson and TGP Communications, LLC EMERGENCY Motion for injunction pending appeal. Date of service: 11/30/2022. [12598968] [22-16826] (Randazza, Marc) [Entered: 11/30/2022 11:52 AM] |
| Filing 4 Filed (ECF) Appellants Jordan Conradson and TGP Communications, LLC reply to response (motion to expedite case, ). Date of service: 11/29/2022. [12598198] [22-16826] (Randazza, Marc) [Entered: 11/29/2022 02:15 PM] |
| Filing 3 Filed (ECF) Appellees Steve Gallardo, Bill Gates, Megan Gilbertson, Clint Hickman, Scott Jarrett, Marcus Milam, Stephen Richer, Jack Sellers and Rey Valenzuela response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to expedite case). Date of service: 11/29/2022. [12597999] [22-16826] (Branco, Joseph) [Entered: 11/29/2022 12:36 PM] |
| Filing 2 Filed (ECF) Appellants Jordan Conradson and TGP Communications, LLC EMERGENCY Motion to expedite case. Date of service: 11/29/2022. [12597828] [22-16826] (Randazza, Marc) [Entered: 11/29/2022 10:46 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. [12597788] (JBS) [Entered: 11/29/2022 10:29 AM] |
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