Paul Maney, et al v. Patrick Allen, et al
| KATE BROWN, Governor, COLETTE PETERS, HEIDI STEWARD, MIKE GOWER, MARK NOOTH, ROB PERSSON, KEN JESKE, STATE OF OREGON, JOE BUGHER and GARRY RUSSELL |
| PAUL JULIAN MANEY, GARY CLIFT, GEORGE W. NULPH, THERON D. HALL, DAVID HART, SHERYL LYNN SUBLET and FELISHIA RAMIREZ, personal representative for the Estate of Juan Tristan, individually, on behalf of a class of other similarly situated |
| PATRICK ALLEN, in his individual capacity only |
| 22-35219 |
| March 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
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| Filing 36 ARGUED AND SUBMITTED TO JOHNNIE B. RAWLINSON, CARLOS T. BEA and JENNIFER SUNG. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12699289] [22-35218, 22-35219] (KAD) [Entered: 04/20/2023 11:03 AM] |
| Filing 35 Filed text clerk order (Deputy Clerk: AF): Appellant's motion to take judicial notice, Dkt. [ # 14 ], is granted. [12695633] (AF) [Entered: 04/14/2023 09:31 AM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jonathan Wells Monson, Esquire for Appellant Patrick Allen. Hearing in Portland on 04/20/2023 at 9:30 am (Courtroom: PO 2nd Floor Courtroom). Filer sharing argument time: Yes. (Argument minutes: 8) 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: 03/23/2023. [12680450] [22-35219] (Monson, Jonathan) [Entered: 03/23/2023 12:09 PM] |
| Filing 33 Notice of Oral Argument on Thursday, April 20, 2023 - 09:30 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR. 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, April 20, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12646378]. [22-35218, 22-35219] (KS) [Entered: 02/05/2023 06:09 AM] |
| Filing 32 Received 6 paper copies of Reply Brief [ # 30 ] filed by Patrick Allen. [12617206] (SD) [Entered: 12/23/2022 10:56 AM] |
| Filing 31 Filed clerk order: The reply brief [ # 30 ] submitted by Patrick Allen 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. [12614862] (JMR) [Entered: 12/20/2022 11:49 AM] |
| Filing 30 Submitted (ECF) Reply Brief for review. Submitted by Appellant Patrick Allen. Date of service: 12/19/2022. [12614381] [22-35219] (Monson, Jonathan) [Entered: 12/19/2022 04:34 PM] |
| Filing 29 This case is being considered for an upcoming oral argument calendar in Portland Please review the Portland sitting dates for April 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).[12609089]. [22-35218, 22-35219] (KS) [Entered: 12/13/2022 10:21 AM] |
| Filing 28 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 27 ] (ECF Filing) filed by Appellant to extend time to file reply brief Appellant Patrick Allenis 's reply brief due December 19, 2022. [12595195] (TH) [Entered: 11/23/2022 02:08 PM] |
| Filing 27 Filed (ECF) Appellant Patrick Allen Motion to extend time to file Reply brief until 12/19/2022. Date of service: 11/23/2022. [12595059] [22-35219] (Abercrombie, Nicole) [Entered: 11/23/2022 12:33 PM] |
| Filing 26 Streamlined request [25] by Appellant Patrick Allen to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 12/05/2022. [12573812] (DLM) [Entered: 10/26/2022 04:28 PM] |
| Filing 25 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Patrick Allen. New requested due date is 12/05/2022. [12573721] [22-35219] (Monson, Jonathan) [Entered: 10/26/2022 03:41 PM] |
| Filing 24 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellees [12571845] (JAS) [Entered: 10/24/2022 03:57 PM] |
| Filing 23 Received 6 paper copies of Answering Brief [ # 20 ] filed by Appellees [12571840] (JAS) [Entered: 10/24/2022 03:55 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 20 ] 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 [ # 21 ] 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. [12564875] (LA) [Entered: 10/17/2022 11:45 AM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet. Date of service: 10/14/2022. [12564263] [22-35219] (Dahab, Nadia) [Entered: 10/14/2022 11:04 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet. Date of service: 10/14/2022. [12564262] [22-35219] (Dahab, Nadia) [Entered: 10/14/2022 11:03 PM] |
| Filing 19 Streamlined request [18] by Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet to extend time to file the brief is approved. Amended briefing schedule: Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet answering brief due 10/14/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12528715] (DLM) [Entered: 08/29/2022 02:39 PM] |
| Filing 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet. New requested due date is 10/14/2022. [12528000] [22-35219] (Dahab, Nadia) [Entered: 08/28/2022 08:12 PM] |
| Filing 17 Received 3 paper copies of excerpts of record [ # 13 ] in 1 volume(s) filed by Patrick Allen. [12525720] (NAR) [Entered: 08/24/2022 04:00 PM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 12 ] filed by Patrick Allen. [12525719] (NAR) [Entered: 08/24/2022 03:59 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 12 ] submitted by Patrick Allen 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 Patrick Allen 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. [12519293] (KWG) [Entered: 08/17/2022 04:32 PM] |
| Filing 14 Filed (ECF) Appellant Patrick Allen Motion to take judicial notice of declarations and advisory opinions issued by the U.S. Department of the Health and Human Services related to the Public Readiness and Emergency Preparedness Act.. Date of service: 08/15/2022. [12517510] [22-35219] (Monson, Jonathan) [Entered: 08/15/2022 06:48 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellant Patrick Allen. Date of service: 08/15/2022. [12517505] [22-35219]--[COURT UPDATE: Attached corrected PDF of the excerpts. 08/17/2022 by KWG] (Monson, Jonathan) [Entered: 08/15/2022 06:38 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellant Patrick Allen. Date of service: 08/15/2022. [12517504] [22-35219]--[COURT UPDATE: Attached corrected PDF of the brief. 08/17/2022 by KWG] (Monson, Jonathan) [Entered: 08/15/2022 06:34 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 10 ] (ECF Filing) filed by Appellant to extend time to file opening brief. Appellant Patrick Allen opening brief due 08/15/2022. Appellees' answering brief due 09/14/2022. The optional reply brief is due 21 days after service of the answering brief. [12464090] (TH) [Entered: 06/06/2022 11:16 AM] |
| Filing 10 Filed (ECF) Appellant Patrick Allen Motion to extend time to file Opening brief until 08/15/2022. Date of service: 06/02/2022. [12461946] [22-35219] (Abercrombie, Nicole) [Entered: 06/02/2022 11:27 AM] |
| Filing 9 Filed order (JAY S. BYBEE, ANDREW D. HURWITZ and RYAN D. NELSON): Appellees motions to dismiss these appeals for lack of jurisdiction (Docket Entry No. [ # 12405196-2 ] in 22-35218; Docket Entry No. [ # 4 ] in 22-35219) are denied without prejudice to renewing the arguments in the answering briefs. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (noting that merits panel may consider appellate jurisdiction despite courts earlier denial of motion to dismiss). The opening briefs and excerpts of record are due June 29, 2022. The answering briefs are due July 29, 2022. The optional reply brief in each appeal is due within 21 days after service of the answering brief. [12457861] [22-35218, 22-35219] (AF) [Entered: 05/26/2022 06:24 PM] |
| Filing 8 Filed (ECF) Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet reply to response (motion to dismiss for lack of jurisdiction). Date of service: 05/09/2022. [12442260] [22-35219] (Dahab, Nadia) [Entered: 05/09/2022 11:03 PM] |
| Filing 7 Filed (ECF) Appellant Patrick Allen response to motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 05/02/2022. [12436448] [22-35219] (Monson, Jonathan) [Entered: 05/02/2022 05:14 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: AC): The motions for extensions of time to respond to the motions to dismiss (Docket Entry No. [ # 12406824-4 ] in 22-35218; Docket Entry No. [ # 5 ] in 22-35219) are granted. The responses to the motions to dismiss are due May 2, 2022. The optional replies in support of the motions to dismiss remain due within 7 days after service of the responses. Briefing in these appeals remains suspended pending resolution of the motions to dismiss. See 9th Cir. R. 27-11. [12410101] [22-35218, 22-35219] (RT) [Entered: 03/31/2022 03:11 PM] |
| Filing 5 Filed (ECF) Appellant Patrick Allen Motion to extend time to file a response until 05/02/2022. Date of service: 03/29/2022. [12407741] [22-35219] (Monson, Jonathan) [Entered: 03/29/2022 02:56 PM] |
| Filing 4 Filed (ECF) Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet Motion to dismiss for lack of jurisdiction. Date of service: 03/25/2022. [12405301] [22-35219] (Dahab, Nadia) [Entered: 03/25/2022 02:41 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 03/17/2022. 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.[12397879]. [22-35219] (AD) [Entered: 03/17/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Patrick Allen Mediation Questionnaire. Date of service: 03/17/2022. [12397773] [22-35219] (Monson, Jonathan) [Entered: 03/17/2022 11:56 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Patrick Allen Mediation Questionnaire due on 03/17/2022. Transcript ordered by 04/08/2022. Transcript due 05/06/2022. Appellant Patrick Allen opening brief due 06/15/2022. Appellees Gary Clift, Theron D. Hall, David Hart, Paul Julian Maney, George W. Nulph, Felishia Ramirez and Sheryl Lynn Sublet answering brief due 07/15/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12391646] (RT) [Entered: 03/10/2022 12:54 PM] |
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