Adree Edmo v. Corizon, Inc., et al
| MURRAY YOUNG and CATHERINE WHINNERY |
| ADREE EDMO, AKA Mason Edmo |
| CORIZON, INC., SCOTT ELIASON, IDAHO DEPARTMENT OF CORRECTION, HENRY ATENCIO, JEFF ZUMDA, HOWARD KEITH YORDY, RICHARD CRAIG and RONA SIEGERT |
| 22-35876 |
| November 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 Filed clerk order (Deputy Clerk: MCD): The previous panel has retained jurisdiction of this appeal. Oral argument, if necessary, will be set in due course. [12787192] (OC) [Entered: 09/06/2023 10:13 AM] |
| Filing 45 Filed (ECF) Appellants Henry Atencio, Idaho Department of Correction, Richard Craig, Rona Siegert, Howard Keith Yordy and Jeff Zumda status report (as required by Court order dated 05/08/2023). Date of service: 06/09/2023 [12732849] [22-35876] (Wilson, Lincoln) [Entered: 06/09/2023 03:20 PM] |
| Filing 44 Added Attorney(s) Joshua N. Turner for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12732743] (QDL) [Entered: 06/09/2023 02:10 PM] |
| Filing 43 Filed (ECF) notice of appearance of Joshua N. Turner (Idaho Attorney General's Office, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Idaho Department of Correction, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 06/09/2023. (Party was previously proceeding with counsel.) [12732591] [22-35876] (Turner, Joshua) [Entered: 06/09/2023 12:06 PM] |
| Filing 42 Filed (ECF) Appellee Adree Edmo reply to response (motion to lift stay). Date of service: 06/06/2023. [12729612] [22-35876]--[COURT UPDATE: Edited docket text to reflect content of filing. 06/06/2023 by QDL] (Rifkin, Lori) [Entered: 06/06/2023 11:13 AM] |
| Filing 41 Filed (ECF) Appellant Scott Eliason response joining motion ([ # 39 ] Response (ECF Filing)). Date of service: 05/30/2023. [12724983] [22-35876]--[COURT UPDATE: Edited docket text to reflect content of filing. 05/31/2023 by QDL] (Richardson, Bradley) [Entered: 05/30/2023 04:46 PM] |
| Filing 40 Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Motion to stay appellate proceedings. Date of service: 05/30/2023. [12724960] [22-35876] (Wilson, Lincoln) [Entered: 05/30/2023 04:35 PM] |
| Filing 39 Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda response to motion ([ # 36 ] Motion (ECF Filing), [ # 36 ] Motion (ECF Filing)). Date of service: 05/30/2023. [12724947] [22-35876] (Wilson, Lincoln) [Entered: 05/30/2023 04:27 PM] |
| Filing 38 Added Attorney(s) Andrea H. Nielsen for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12719817] (NAC) [Entered: 05/22/2023 08:29 AM] |
| Filing 37 Filed (ECF) notice of appearance of Andrea H. Nielsen (Idaho Attorney General's Office, P.O. Box 83720, Boise, Idaho 83720-0010) for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 05/22/2023. (Party was previously proceeding with counsel.) [12719815] [22-35876] (Nielsen, Andrea) [Entered: 05/22/2023 08:26 AM] |
| Filing 36 Filed (ECF) Appellee Adree Edmo Motion to lift stay. Date of service: 05/18/2023. [12718761] [22-35876] (Rifkin, Lori) [Entered: 05/18/2023 03:47 PM] |
| Filing 35 Filed Joseph Kevin West letter dated 05/08/2023 re: Proof of service of May 8, 2023 order on Appellant Corizon, Inc. Paper filing deficiency: None. [12712374] (QDL) [Entered: 05/09/2023 02:54 PM] |
| Filing 34 Terminated Joseph Kevin West for Corizon, Inc. in 22-35876 [12710522] (AF) [Entered: 05/08/2023 09:31 AM] |
| Filing 33 Filed order (Appellate Commissioner): The court has received appellants Idaho Department of Corrections, Henry Atencio, Jeff Zmuda, Howard Keith Yordy, Richard Craig, and Rona Seigerts (State Appellants) motion at Docket Entry No. [ # 19 ], attaching the bankruptcy courts order regarding debtor Tehum Care Services, Inc.s motion to extend and enforce the automatic stay. Appellate proceedings are stayed as to all parties, pending further proceedings in the bankruptcy court or until further order of this court. State Appellants motion, joined by appellant Scott Eliason (Docket Entry Nos. [ # 19 ], [ # 20 ]) is denied as unnecessary. On or before June 9, 2023, Corizon Inc. and/or State Appellants must file a status report concerning the bankruptcy proceeding. The status report should include: the court and case number of the bankruptcy proceeding; whether any party to this appeal has sought relief from the automatic stay; and the protected termination date of the automatic stay, if known. Dylan A. Eaton, J. Kevin West, and Parsons Behle & Latimers motion to withdraw as retained counsel for appellant Corizon, Inc. (Docket Entry No. [ # 26 ]) is granted. Parsons Behle & Latimer must serve a copy of this order on appellant Corizon, Inc. and provide proof of service to the court within 7 days of this order. A corporation must be represented by counsel. See Highlander, Inc. v. Rothman (In re Highley), 459 F.2d 554, 555 (9th Cir. 1972). Within 28 days of this order, appellant Corizon, Inc.s new counsel must file a notice of appearance with the court. (MOATT) [12710517] (AF) [Entered: 05/08/2023 09:28 AM] |
| Filing 32 Added Attorney(s) Robert Reynolds Gates for party(s) Appellant Scott Eliason, in case 22-35876. [12707823] (QDL) [Entered: 05/03/2023 09:53 AM] |
| Filing 31 Filed (ECF) notice of appearance of Robert R Gates (Garrett Richardson PLLC,738 S Bridgeway Place Suite 100, Eagle, ID 83616) for Appellant Scott Eliason. Date of service: 05/03/2023. (Party was previously proceeding with counsel.) [12707728] [22-35876] (Gates, Robert) [Entered: 05/03/2023 09:19 AM] |
| Filing 30 Attorney Joseph Kevin West in 22-35876 substituted by Attorney Bradley S. Richardson in 22-35876 [12706286] (QDL) [Entered: 05/01/2023 02:14 PM] |
| Filing 29 Filed (ECF) notice of appearance of Bradley S Richardson (Garrett Richardson, PLLC, 738 S Bridgeway Place Suite 100, Eagle, ID 83616) for Appellant Scott Eliason. Substitution for Attorney Mr. Joseph Kevin West, Esquire for Appellant Scott Eliason. Date of service: 05/01/2023. (Party was previously proceeding with counsel.) [12706220] [22-35876]--[COURT UPDATE: Edited docket text to reflect correct party. 05/01/2023 by QDL] (Richardson, Bradley) [Entered: 05/01/2023 01:42 PM] |
| Filing 28 Terminated Dylan A. Eaton for Scott Eliason and Corizon, Inc. in 22-35876 [12705102] (QDL) [Entered: 04/28/2023 01:48 PM] |
| Filing 27 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Dylan A. Eaton for Appellants Corizon, Inc. and Scott Eliason. Party proceeding without counsel: No. Date of service: 04/28/2023. [12705088] [22-35876] (Eaton, Dylan) [Entered: 04/28/2023 01:39 PM] |
| Filing 26 Filed (ECF) Appellant Corizon, Inc. motion. Attorney(s) Mr. Joseph Kevin West, Esquire for Appellants Corizon, Inc. and Scott Eliason and Dylan A. Eaton for Appellants Corizon, Inc. and Scott Eliason motion to withdraw as counsel. Date of service: 04/26/2023. [12703395] [22-35876] (Eaton, Dylan) [Entered: 04/26/2023 12:28 PM] |
| Filing 25 Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Correspondence: Letter to confirm our understanding with regard to our briefing obligations as conveyed by a member of your staff on March 10, 2023.. Date of service: 03/13/2023 [12673171] [22-35876] (Wilson, Lincoln) [Entered: 03/13/2023 03:56 PM] |
| Filing 24 Filed (ECF) Appellant Scott Eliason reply to response (). Date of service: 03/13/2023. [12672587] [22-35876] (Eaton, Dylan) [Entered: 03/13/2023 11:34 AM] |
| Filing 23 Filed (ECF) Appellant Scott Eliason reply to response (motion for miscellaneous relief (to be used only if no other relief applies), ). Date of service: 03/10/2023. [12671950] [22-35876] (Eaton, Dylan) [Entered: 03/10/2023 04:11 PM] |
| Filing 22 Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda reply to response (). Date of service: 03/08/2023. [12670226] [22-35876] (Wilson, Lincoln) [Entered: 03/08/2023 10:09 PM] |
| Filing 21 Filed (ECF) Appellee Adree Edmo response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing) motion to extend time to file brief, [ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 03/08/2023. [12670200] [22-35876] (Rifkin, Lori) [Entered: 03/08/2023 06:06 PM] |
| Filing 20 Filed (ECF) Appellant Scott Eliason Urgent Motion for miscellaneous relief [Joinder in Motion to Confirm Extension of Automatic Stay and Extend Time to File Appeal Brief [Dkt. 19]]. Date of service: 03/08/2023. [12670001] [22-35876] (Eaton, Dylan) [Entered: 03/08/2023 03:33 PM] |
| Filing 19 Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Urgent Motion to extend time to file Opening brief until 06/20/2023. Date of service: 03/07/2023. [12669315] [22-35876] (Wilson, Lincoln) [Entered: 03/07/2023 04:36 PM] |
| Filing 18 Added Attorney(s) Lincoln Davis Wilson for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12669080] (QDL) [Entered: 03/07/2023 01:06 PM] |
| Filing 17 Filed (ECF) notice of appearance of Lincoln Davis Wilson (Idaho Attorney General's Office, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Henry Atencio, Idaho Department of Correction, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 03/07/2023. (Party was previously proceeding with counsel.) [12669042] [22-35876] (Wilson, Lincoln) [Entered: 03/07/2023 12:35 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: MKS): The court has received the suggestion of bankruptcy and notice of automatic stay filed at Docket Entry No. [ # 15 ]. Appellate proceedings are stayed for Corizon, Inc. only, due to the automatic stay imposed by 11 U.S.C. 362. See Cohen v. Stratosphere Corp., 115 F.3d 695, 697 (9th Cir. 1997). On or before September 1, 2023, Corizon Inc. must file a status report concerning the bankruptcy proceeding. The status report should include: the court and case number of the bankruptcy proceeding; whether any party to this appeal has sought relief from the automatic stay; and the projected termination date of the automatic stay, if known. This appeal will proceed as to the remaining parties. The opening brief for the remaining appellants is due March 13, 2023. The answering brief is due April 12, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief. [12668355] (JMR) [Entered: 03/06/2023 04:36 PM] |
| Filing 15 Filed (ECF) Appellants Corizon, Inc. and Scott Eliason Correspondence: Suggestion of Bankruptcy and Notice of Automatic Stay. Date of service: 02/21/2023 [12656952] [22-35876] (Eaton, Dylan) [Entered: 02/21/2023 10:37 AM] |
| Filing 14 Streamlined request [13] by Appellants Corizon, Inc. and Scott Eliason to extend time to file the brief is approved. Amended briefing schedule: Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda opening brief due 03/13/2023. Appellee Adree Edmo answering brief due 04/12/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12650235] (DLM) [Entered: 02/09/2023 03:49 PM] |
| Filing 13 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Corizon, Inc. and Scott Eliason. New requested due date is 03/13/2023. [12649975] [22-35876] (Eaton, Dylan) [Entered: 02/09/2023 01:43 PM] |
| Filing 12 Terminated Shaleen Shanbhag for Adree Edmo in 22-35876 [12646610] (QDL) [Entered: 02/06/2023 09:16 AM] |
| Filing 11 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Shaleen Shanbhag, Esquire for Appellee Adree Edmo. Party proceeding without counsel: No. Date of service: 02/06/2023. [12646550] [22-35876] (Shanbhag, Shaleen) [Entered: 02/06/2023 08:56 AM] |
| Filing 10 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12629905] (VS) [Entered: 01/13/2023 09:03 AM] |
| Filing 9 Filed order MEDIATION (SL): A video mediation will be held on January 12, 2023, at 1:30 p.m., Pacific Time. Counsel will receive an email from the Mediation Office in advance with instructions for participating in the conference. Mediation statements no longer than 15 pages shall be submitted to the Circuit Mediator via e-mail [[email protected]] on or before January 06, 2023 by 12:00 p.m. (Noon). Mediation statements shall be double-spaced, and may contain brief statements of the following: (a) factual and procedural background; (b) legal issues and arguments related to this dispute; (c) past settlement discussions; (d) your clients goals and interests; (e) perceived goals and interests of the opposing party; (f) obstacles to settlement and proposals for overcoming them; and (g) adverse consequences for each party if the case is not resolved through settlement. Sections (a), (b), and (c) shall be served on counsel for the opposing party on the same date they are submitted to the undersigned. Sections (d), (e), (f) and (g) shall be submitted only to the undersigned and shall not be served on the opposing party. Mediation statements shall 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. Mediation statements shall provide the names and representative capacities of those who will participate in 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. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: http://www.ca9.uscourts.gov/mediation. (SEE ORDER FOR FULL TEXT) [12603723] (JMR) [Entered: 12/06/2022 03:05 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 11/29/2022, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12588527] (CL) [Entered: 11/16/2022 09:44 AM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 11/10/2022. 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.[12585439]. [22-35876] (AD) [Entered: 11/10/2022 06:44 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 11/10/2022. 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.[12585438]. [22-35876] (AD) [Entered: 11/10/2022 06:44 PM] |
| Filing 5 Filed (ECF) Appellants Scott Eliason and Corizon, Inc. Mediation Questionnaire. Date of service: 11/10/2022. [12585033] [22-35876] (Eaton, Dylan) [Entered: 11/10/2022 02:18 PM] |
| Filing 4 Filed (ECF) Appellants Idaho Department of Correction, Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy and Jeff Zumda Mediation Questionnaire. Date of service: 11/10/2022. [12584996] [22-35876] (Kraft, Steven) [Entered: 11/10/2022 02:01 PM] |
| Filing 3 Terminated Julie Wilensky for Adree Edmo in 22-35876 [12579588] (QDL) [Entered: 11/03/2022 12:43 PM] |
| Filing 2 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Julie Wilensky for Appellee Adree Edmo. Party proceeding without counsel: No. Date of service: 11/03/2022. [12579586] [22-35876] (Wilensky, Julie) [Entered: 11/03/2022 12:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Mediation Questionnaire due on 11/10/2022. Transcript ordered by 12/02/2022. Transcript due 01/03/2023. Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda opening brief due 02/09/2023. Appellee Adree Edmo answering brief due 03/13/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12579509] (RT) [Entered: 11/03/2022 11:46 AM] |
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