Mark Short v. David Berger, et al
| MARK W. SHORT, individually and in his official capacity as Commandant of the United States Marine Corps |
| DAVID BERGER, individually and in his official capacity as Commandant of the United States Marine Corp and CARLOS DEL TORO, individually and in his official capacity as Secretary of the Navy |
| 22-55339 |
| April 5, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 17 Filed order (Deputy Clerk: SML) Appellants motion to dismiss this appeal (Docket Entry No. [ # 16 ]) is granted. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. [12449184] (WL) [Entered: 05/17/2022 02:34 PM] |
| Filing 16 Filed (ECF) Appellant Mark W. Short Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 05/10/2022. [12443556] [22-55339] (Short, Catherine) [Entered: 05/10/2022 07:28 PM] |
| Filing 15 MEDIATION ORDER FILED: By 05/31/2022, Appellant to file a motion or stipulation to dismiss, or contact the circuit mediator. The briefing schedule previously set by the court is vacated. See order for details. [12441104] (VS) [Entered: 05/09/2022 08:51 AM] |
| Filing 14 Filed clerk order (Deputy Clerk: SH): The unopposed motion for extension of time to file the opening brief (Docket Entry No. [ # 13 ]) is granted. The opening brief is due May 6, 2022. The answering brief is due June 3, 2022. The optional reply brief remains due within 21 days after service of the answering brief. [12433385] (RY) [Entered: 04/28/2022 10:55 AM] |
| Filing 13 Filed (ECF) Appellant Mark W. Short Unopposed Motion to extend time to file Opening brief until 05/06/2022. Date of service: 04/22/2022. [12428789] [22-55339] (Short, Catherine) [Entered: 04/22/2022 12:33 PM] |
| Filing 12 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN AssessmentConference, 04/27/2022, 11:00 a.m. Pacific Time. (originally scheduled on 04/21/2022 ). [12418911] (VS) [Entered: 04/12/2022 02:31 PM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 04/21/2022, 11:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12418329] (VS) [Entered: 04/12/2022 09:59 AM] |
| Filing 10 Attorneys Stuart Robinson substituted by Attorneys Sarah W. Carroll [12417401] (JFF) [Entered: 04/11/2022 01:38 PM] |
| Filing 9 Filed (ECF) notice of appearance of Sarah Carroll (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Washington, DC 20530) for Appellees David Berger and Carlos Del Toro. Substitution for Attorney Stuart Robinson for Appellees David Berger and Carlos Del Toro. Date of service: 04/11/2022. (Party was previously proceeding with counsel.) [12417227] [22-55339] (Carroll, Sarah) [Entered: 04/11/2022 11:52 AM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 04/08/2022. 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.[12416197]. [22-55339] (AD) [Entered: 04/08/2022 12:44 PM] |
| Filing 7 Filed (ECF) Appellees David Berger and Carlos Del Toro Mediation Questionnaire. Date of service: 04/08/2022. [12415603] [22-55339] (Ross, Casen) [Entered: 04/08/2022 08:03 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 04/07/2022. 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.[12415523]. [22-55339] (AD) [Entered: 04/07/2022 06:44 PM] |
| Filing 5 Filed (ECF) Appellant Mark W. Short Mediation Questionnaire. Date of service: 04/07/2022. [12415511] [22-55339] (Short, Catherine) [Entered: 04/07/2022 05:51 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed April 1, 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 April 29, 2022; the answering brief is due May 27, 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. [12413314] (WL) [Entered: 04/05/2022 03:27 PM] |
| Filing 3 Added Attorney(s) Casen Ross for party(s) Appellee David Berger Appellee Carlos Del Toro, in case 22-55339. [12413263] (JFF) [Entered: 04/05/2022 03:06 PM] |
| 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 David Berger and Carlos Del Toro. Date of service: 04/05/2022. (Party was previously proceeding with counsel.) [12413102] [22-55339] (Ross, Casen) [Entered: 04/05/2022 02:06 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. [12413067] (RT) [Entered: 04/05/2022 01:47 PM] |
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| Plaintiff / appellant: MARK W. SHORT, individually and in his official capacity as Commandant of the United States Marine Corps | |
| Represented By: | Catherine Short |
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| Defendant / appellee: DAVID BERGER, individually and in his official capacity as Commandant of the United States Marine Corp | |
| Represented By: | Stuart Robinson |
| Represented By: | Reginald M. Skinner |
| Represented By: | Casen Ross |
| Represented By: | Sarah W. Carroll |
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| Defendant / appellee: CARLOS DEL TORO, individually and in his official capacity as Secretary of the Navy | |
| Represented By: | Stuart Robinson |
| Represented By: | Reginald M. Skinner |
| Represented By: | Casen Ross |
| Represented By: | Sarah W. Carroll |
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