Arnold Abrera v. Gavin Newsom, et al
| ARNOLD ABRERA |
| GAVIN NEWSOM, in his official capacity as Governor of the State of California, ROB BONTA, in his official capacity as Attorney General of the State of California, ANNE MARIE SCHUBERT, in her official capacity as County of Sacramento District Attorney, COUNTY OF SACRAMENTO, BOBBY DAVIS, in his official capacity as Chief of the Elk Grove Police Department, JONATHAN P. HOBBS, in his official capacity as the City Attorney for the City of Elk Grove, CITY OF ELK GROVE and JONATHAN HOBBS, in his official capacity as the City Attorney for the City of Elk Grove |
| 22-16897 |
| December 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Gary William Gorski for Appellant Arnold Abrera. Hearing in San Francisco on 08/22/2023 at 09:30 am (Courtroom: Courtroom 1). 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: 06/15/2023. [12736576] [22-16897] (Gorski, Gary) [Entered: 06/15/2023 10:29 AM] |
| Filing 44 Filed (ECF) Appellees Rob Bonta and Gavin Newsom Motion to dismiss the case. Date of service: 06/12/2023. [12733950] [22-16897] (O'Brien, Anthony) [Entered: 06/12/2023 02:26 PM] |
| Filing 43 Added Attorney(s) Anthony Paul O'Brien for party(s) Appellee Rob Bonta Appellee Gavin Newsom. [12733936] (RL) [Entered: 06/12/2023 02:21 PM] |
| Filing 42 Filed (ECF) notice of appearance of Anthony P. O'Brien (California Office of the Attorney General, 1300 I Street, Sacramento, CA 95814) for Appellees Gavin Newsom and Rob Bonta. Date of service: 06/12/2023. (Party was previously proceeding with counsel.) [12733930] [22-16897] (O'Brien, Anthony) [Entered: 06/12/2023 02:20 PM] |
| Filing 41 Notice of Oral Argument on Tuesday, August 22, 2023 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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, August 22, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12733223]. [22-16897] (KS) [Entered: 06/11/2023 06:10 AM] |
| Filing 40 Filed (ECF) Appellant Arnold Abrera response opposing motion ([ # 39 ] Motion (ECF Filing), [ # 39 ] Motion (ECF Filing)). Date of service: 06/03/2023. [12729214] [22-16897] (Gorski, Gary) [Entered: 06/05/2023 06:20 PM] |
| Filing 39 Filed (ECF) Appellees Rob Bonta and Gavin Newsom Motion to dismiss the case. Date of service: 05/26/2023. [12723500] [22-16897] (Russell, Jay) [Entered: 05/26/2023 01:31 PM] |
| Filing 38 Attorneys Anthony Paul O'Brien and Anthony Paul O'Brien in 22-16897 substituted by Attorneys Jay Russell and Jay Russell in 22-16897 [12723459] (BJK) [Entered: 05/26/2023 12:49 PM] |
| Filing 37 Filed (ECF) notice of appearance of Jay C. Russell (California Department of Justice, Office of the Attorney General; 455 Golden Gate Avenue, Suite 11000; San Francisco, CA 94102) for Appellees Rob Bonta and Gavin Newsom. Substitution for Attorney Mr. Anthony Paul O'Brien, Esquire for Appellees Rob Bonta and Gavin Newsom. Date of service: 05/26/2023. (Party was previously proceeding with counsel.) [12723374] [22-16897] (Russell, Jay) [Entered: 05/26/2023 11:39 AM] |
| Filing 36 Filed (ECF) Attorney Mr. John R. Whitefleet for Appellees County of Sacramento and Anne Marie Schubert response to notice for case being considered for oral argument. Date of service: 05/05/2023. [12709531] [22-16897] (Whitefleet, John) [Entered: 05/05/2023 08:59 AM] |
| Filing 35 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for August 2023 and the 2 subsequent sitting months in that location 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).[12709219]. [22-16897] (KS) [Entered: 05/04/2023 03:11 PM] |
| Filing 34 Received 6 paper copies of Reply Brief [ # 27 ] filed by Arnold Abrera. [12661311] (SD) [Entered: 02/24/2023 03:14 PM] |
| Filing 33 Received 3 paper copies of further excerpts of record [ # 28 ] in 1 volume(s) filed by Appellant Arnold Abrera. [12661307] (SD) [Entered: 02/24/2023 03:13 PM] |
| Filing 32 Filed (ECF) Attorney Mr. Anthony Paul O'Brien, Esquire for Appellees Rob Bonta and Gavin Newsom response to notice for case being considered for oral argument. Date of service: 02/24/2023. [12660961] [22-16897] (O'Brien, Anthony) [Entered: 02/24/2023 12:33 PM] |
| Filing 31 Filed (ECF) Attorney Gary William Gorski for Appellant Arnold Abrera response to notice for case being considered for oral argument. Date of service: 02/22/2023. [12659383] [22-16897] (Gorski, Gary) [Entered: 02/22/2023 10:25 PM] |
| Filing 30 Filed clerk order: The reply brief [ # 27 ] submitted by Arnold Abrera 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 further excerpts of record [ # 28 ] submitted by Arnold Abrera 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. [12657592] (KWG) [Entered: 02/21/2023 03:05 PM] |
| Filing 29 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2023 and the 2 subsequent sitting months in that location 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).[12657441]. [22-16897] (KS) [Entered: 02/21/2023 02:21 PM] |
| Filing 28 Submitted (ECF) further excerpts of record. Submitted by Appellant Arnold Abrera. Date of service: 02/17/2023. [12656580] [22-16897] (Gorski, Gary) [Entered: 02/17/2023 08:49 PM] |
| Filing 27 Submitted (ECF) Reply Brief for review. Submitted by Appellant Arnold Abrera. Date of service: 02/17/2023. [12656579] [22-16897] (Gorski, Gary) [Entered: 02/17/2023 08:46 PM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 18 ] filed by City of Elk Grove, Bobby Davis and Jonathan P. Hobbs. [12648193] (SD) [Entered: 02/07/2023 02:03 PM] |
| Filing 25 Received 3 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume filed by Appellees Rob Bonta and Gavin Newsom. [12648085] (MAE) [Entered: 02/07/2023 01:14 PM] |
| Filing 24 Received 6 paper copies of Answering Brief [ # 21 ] filed by Rob Bonta and Gavin Newsom. [12648083] (MAE) [Entered: 02/07/2023 01:13 PM] |
| Filing 23 Filed clerk order: The answering brief [ # 21 ] submitted by Rob Bonta and Gavin Newsom 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 [ # 22 ] submitted by Rob Bonta and Gavin Newsom 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. [12646725] (KWG) [Entered: 02/06/2023 10:04 AM] |
| Filing 22 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Rob Bonta and Gavin Newsom. Date of service: 02/03/2023. [12646080] [22-16897] (O'Brien, Anthony) [Entered: 02/03/2023 03:36 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellees Rob Bonta and Gavin Newsom. Date of service: 02/03/2023. [12646078] [22-16897] (O'Brien, Anthony) [Entered: 02/03/2023 03:34 PM] |
| Filing 20 Filed (ECF) Appellees County of Sacramento and Anne Marie Schubert Correspondence: Statement of no position by County of Sacramento and Anne Marie Schubert. Date of service: 02/03/2023. [12645519] [22-16897] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 02/03/2023 by TYL] (Whitefleet, John) [Entered: 02/03/2023 09:34 AM] |
| Filing 19 Filed clerk order: The answering brief [ # 18 ] submitted by City of Elk Grove, Bobby Davis and Jonathan P. Hobbs 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. [12644972] (KWG) [Entered: 02/02/2023 01:46 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellees City of Elk Grove, Bobby Davis and Jonathan P. Hobbs. Date of service: 02/02/2023. [12644556] [22-16897]--[COURT UPDATE: Updated docket text to reflect correct party filers. Attached corrected PDF of the brief. 02/02/2023 by KWG] (Diepenbrock, Terilynn) [Entered: 02/02/2023 09:12 AM] |
| Filing 17 Added Attorney(s) Terilynn Diepenbrock for party(s) Appellee City of Elk Grove Appellee Bobby Davis Appellee Jonathan P. Hobbs, in case 22-16897. [12635786] (QDL) [Entered: 01/23/2023 10:53 AM] |
| Filing 16 Filed (ECF) notice of appearance of Terilynn Diepenbrock (Kronick Moskovitz Tiedemann & Girard, 1331 Garden Hwy Fl 2, Sacramento CA 95833) for Appellees City of Elk Grove, Bobby Davis and Jonathan P. Hobbs. Date of service: 01/23/2023. (Party was previously proceeding with counsel.) [12635708] [22-16897] (Diepenbrock, Terilynn) [Entered: 01/23/2023 10:24 AM] |
| Filing 15 Notice of Appearance (ECF Filing) [14] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12635683] (QDL) [Entered: 01/23/2023 10:14 AM] |
| Filing 14 Filed (ECF) notice of appearance of Terilynn Diepenbrock (Kronick Moskovitz Tiedemann & Girard, 1331 Garden Hwy, Floor 2, Sacramento CA 95833) for Appellees City of Elk Grove, Bobby Davis and Jonathan P. Hobbs. Substitution for Attorney Miss Cecilia Lenore Martin, Esquire for Appellees City of Elk Grove, Bobby Davis and Jonathan P. Hobbs. Date of service: 01/23/2023. (Party was previously proceeding with counsel.) [12635648] [22-16897] (Tyra, David) [Entered: 01/23/2023 09:51 AM] |
| Filing 13 Received 6 paper copies of Opening Brief [ # 8 ] filed by Arnold Abrera. [12631253] (SD) [Entered: 01/17/2023 09:40 AM] |
| Filing 12 Deleted Incorrect Entry. Entered in error. [12631247] (SD) [Entered: 01/17/2023 09:36 AM] |
| Filing 11 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellant Arnold Abrera. [12629118] (SD) [Entered: 01/12/2023 10:00 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by Arnold Abrera 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 [ # 9 ] submitted by Arnold Abrera 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. [12625618] (KWG) [Entered: 01/09/2023 10:18 AM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant Arnold Abrera. Date of service: 01/06/2023. [12625052] [22-16897] (Gorski, Gary) [Entered: 01/06/2023 03:43 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant Arnold Abrera. Date of service: 01/06/2023. [12625044] [22-16897] (Gorski, Gary) [Entered: 01/06/2023 03:41 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 12/21/2022. 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.[12615732]. [22-16897] (AD) [Entered: 12/21/2022 12:44 PM] |
| Filing 6 Filed (ECF) Appellees City of Elk Grove, Bobby Davis and Jonathan P. Hobbs Mediation Questionnaire. Date of service: 12/21/2022. [12615534] [22-16897] (Tyra, David) [Entered: 12/21/2022 10:20 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 12/20/2022. 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.[12615351]. [22-16897] (AD) [Entered: 12/21/2022 06:44 AM] |
| Filing 4 Filed (ECF) Appellant Arnold Abrera Mediation Questionnaire. Date of service: 12/20/2022. [12615328] [22-16897] (Gorski, Gary) [Entered: 12/20/2022 08:45 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: TSP): The appeal filed December 9, 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 January 6, 2023; the answering brief is due February 3, 2023 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. [12610622] (AF) [Entered: 12/14/2022 02:13 PM] |
| Filing 2 Received copy of amended notice of appeal from district court. [12609384] (BJK) [Entered: 12/13/2022 01:33 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. [12609140] (RT) [Entered: 12/13/2022 10:44 AM] |
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