Mark McDonald, et al v. Kristina Lawson, et al
| MARK MCDONALD and JEFF BARKE |
| KRISTINA D. LAWSON, in her official capacity as President of the Medical Board of California, RANDY W. HAWKINS, in his official capacity as Vice President of the Medical Board of California, LAURIE ROSE LUBIANO, in her official capacity as Secretary of the Medical Board of California, MICHELLE ANNE BHOLAT, DAVID E. RYU, RYAN BROOKS, JAMES M. HEALZER, ASIF MAHMOOD, NICOLE A. JEONG, RICHARD E. THORP, VELING TSAI, ESERICK WATKINS, in their official capacities as members of the Medical Board of California and ROB BONTA, in his official capacity at Attorney General of California |
| LETRINH HOANG, D.O., PHYSICIANS FOR INFORMED CONSENT, a not for-profit organization and CHILDREN'S HEALTH DEFENSE, CALIFORNIA CHAPTER, a California Nonprofit Corporation |
| INSTITUTE FOR JUSTICE, COMPASSION & CHOICES, ACLU FOUNDATION OF NORTHERN CALIFORNIA, ACLU FOUNDATION OF SOUTHERN CALIFORNIA and NEW CIVIL LIBERTIES ALLIANCE |
| 22-56220 |
| December 30, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 39 Filed (ECF) Appellants Jeff Barke and Mark McDonald in 22-56220 response opposing motion ([ # 32 ] Motion (ECF Filing), [ # 32 ] Motion (ECF Filing)). Date of service: 02/24/2023. [12660916] [22-56220, 23-55069] (Stephens, Reilly) [Entered: 02/24/2023 12:05 PM] |
| Filing 38 Filed (ECF) Appellees Kristina D. Lawson, Rob Bonta, Randy W. Hawkins, Laurie Rose Lubiano, Michelle Anne Bholat, David E. Ryu, Ryan Brooks, James M. Healzer, Asif Mahmood, Nicole A. Jeong, Richard E. Thorp, Veling Tsai and Eserick Watkins in 22-56220, Appellees Kristina D. Lawson, William J. Prasifka and Rob Bonta in 23-55069 response opposing motion ([ # 32 ] Motion (ECF Filing), [ # 32 ] Motion (ECF Filing)). Date of service: 02/23/2023. [12660243] [22-56220, 23-55069] (Liska, Kristin) [Entered: 02/23/2023 03:59 PM] |
| Filing 37 Filed (ECF) Appellants Michael Couris and Michael Fitzgibbons in 23-55069 response opposing motion ([ # 32 ] Motion (ECF Filing), [ # 32 ] Motion (ECF Filing)). Date of service: 02/21/2023. [12657299] [23-55069, 22-56220] (Frank, Theodore) [Entered: 02/21/2023 01:14 PM] |
| Filing 36 Received 6 paper copies of Amicus Brief [ # 27 ] filed by New Civil Liberties Alliance. [12654976] [22-56220, 23-55069] (SD) [Entered: 02/16/2023 02:20 PM] |
| Filing 35 Received 6 paper copies of Amicus Brief [ # 26 ] filed by ACLU Foundation of Northern California and ACLU Foundation of Southern California. [12653860] [22-56220, 23-55069] (SD) [Entered: 02/15/2023 01:42 PM] |
| Filing 34 Received 6 paper copies of Amicus Brief [ # 20 ] filed by Compassion & Choices. [12653854] [22-56220, 23-55069] (SD) [Entered: 02/15/2023 01:39 PM] |
| Filing 33 Entered appearance of Intervenors - Pending LeTrinh Hoang, Physicians for Informed Consent and Children's Health Defense in 22-56220 and 23-55069. [12653467] [22-56220, 23-55069] (HH) [Entered: 02/15/2023 09:25 AM] |
| Filing 32 Filed (ECF) LeTrinh Hoang, D.O., Physicians for Informed Consent, and Children's Health Defense Motion to intervene. Date of service: 02/15/2023. [12653377] [23-55069, 22-56220] (Jaffe, Richard) [Entered: 02/15/2023 07:37 AM] |
| Filing 31 Filed (ECF) notice of appearance of Gregory Dolin (NEW CIVIL LIBERTIES ALLIANCE 1225 19th St. NW, Suite 450 Washington, DC 20036 (202) 869-5210 greg.dolin@ncla.legal) for Amicus Curiae New Civil Liberties Alliance in 22-56220, 23-55069. Substitution for Attorney Professor Gregory Dolin for Amicus Curiae New Civil Liberties Alliance in 22-56220, 23-55069. Date of service: 02/10/2023. (Party was previously proceeding with counsel.) [12650935] [22-56220, 23-55069] (Dolin, Gregory) [Entered: 02/10/2023 02:09 PM] |
| Filing 30 Filed clerk order: The amicus brief [ # 27 ] submitted by New Civil Liberties Alliance 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. [12650891] [22-56220, 23-55069] (JMR) [Entered: 02/10/2023 01:42 PM] |
| Filing 29 Filed clerk order: The amicus brief [ # 26 ] submitted by ACLU Foundation of Northern California and ACLU Foundation of Southern California 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. [12650878] [22-56220, 23-55069] (JMR) [Entered: 02/10/2023 01:34 PM] |
| Filing 28 Entered appearance of Amici Curiae ACLU Foundation of Northern California, ACLU Foundation of Southern California and New Civil Liberties Alliance. [12650876] [22-56220, 23-55069] (JMR) [Entered: 02/10/2023 01:33 PM] |
| Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NEW CIVIL LIBERTIES ALLIANCE. Date of service: 02/09/2023. [12650365] [22-56220, 23-55069] (Dolin, Gregory) [Entered: 02/09/2023 06:28 PM] |
| Filing 26 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Civil Liberties Union of Northern California and American Civil Liberties Union of Southern California. Date of service: 02/09/2023. [12650263] [22-56220, 23-55069] (Kieschnick, Hannah) [Entered: 02/09/2023 04:13 PM] |
| Filing 25 Deleted Incorrect Entry [12650075] [22-56220, 23-55069] (SD) [Entered: 02/09/2023 02:27 PM] |
| Filing 24 Filed clerk order: The amicus brief [ # 20 ] submitted by Compassion & Choices 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. [12650074] [22-56220, 23-55069] (JMR) [Entered: 02/09/2023 02:27 PM] |
| Filing 23 Entered appearance of Amicus Curiae Compassion & Choices. [12650065] [22-56220, 23-55069] (JMR) [Entered: 02/09/2023 02:24 PM] |
| Filing 22 Received 6 paper copies of Opening Brief [ # 8 ] filed by Jeff Barke and Mark McDonald. [12650061] [22-56220, 23-55069] (SD) [Entered: 02/09/2023 02:23 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellants Jeff Barke and Mark McDonald. [12650058] [22-56220, 23-55069] (SD) [Entered: 02/09/2023 02:21 PM] |
| Filing 20 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Compassion & Choices. Date of service: 02/09/2023. [12650007] [22-56220, 23-55069] (Kappos, John) [Entered: 02/09/2023 02:03 PM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 6 ] in 1 volume(s) filed by Michael Couris and Michael Fitzgibbons. [12648327] [22-56220, 23-55069] (CPA) [Entered: 02/07/2023 03:04 PM] |
| Filing 18 Received 6 paper copies of Opening Brief [ # 13 ] filed by Michael Couris and Michael Fitzgibbons. [12648322] [22-56220, 23-55069] (CPA) [Entered: 02/07/2023 03:03 PM] |
| Filing 17 Received 6 paper copies of Amicus Brief [ # 7 ] filed by Institute for Justice. [12647899] [22-56220, 23-55069] (SD) [Entered: 02/07/2023 11:02 AM] |
| Filing 16 Added Attorney Adam Ezra Schulman for Appellants Michael Fitzgibbons and Michael Couris, in case 23-55069. [12645835] [22-56220, 23-55069] (HH) [Entered: 02/03/2023 01:25 PM] |
| Filing 15 Filed (ECF) notice of appearance of Adam Ezra Schulman (Hamilton Lincoln Law Institute, 1629 K Street NW, Suite 300, Washington, DC 20006) for Appellants Michael Couris and Michael Fitzgibbons in 23-55069. Date of service: 02/03/2023. (Party was previously proceeding with counsel.) [12645832] [22-56220, 23-55069] (Schulman, Adam) [Entered: 02/03/2023 01:23 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 13 ] submitted by Michael Couris and Michael Fitzgibbons 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 [ # 6 ] submitted by Michael Couris and Michael Fitzgibbons 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. [12645753] [22-56220, 23-55069] (JMR) [Entered: 02/03/2023 12:05 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellants Michael Couris and Michael Fitzgibbons in 23-55069. Date of service: 02/02/2023. [12645377] [23-55069, 22-56220] (Frank, Theodore) [Entered: 02/02/2023 07:55 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 8 ] submitted by Jeff Barke and Mark McDonald 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 Jeff Barke and Mark McDonald 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. [12645358] [22-56220, 23-55069] (JMR) [Entered: 02/02/2023 05:01 PM] |
| Filing 11 Filed clerk order: The amicus brief [ # 7 ] submitted by Institute for Justice 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. [12645201] [22-56220, 23-55069] (JMR) [Entered: 02/02/2023 03:26 PM] |
| Filing 10 Entered appearance of Amicus Curiae Institute for Justice. [12645200] [22-56220, 23-55069] (JMR) [Entered: 02/02/2023 03:25 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellants Jeff Barke and Mark McDonald in 22-56220. Date of service: 02/02/2023. [12645136] [22-56220, 23-55069]--[COURT UPDATE: Attached corrected excerpts. 02/02/2023 by JMR] (Stephens, Reilly) [Entered: 02/02/2023 02:54 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellants Jeff Barke and Mark McDonald in 22-56220. Date of service: 02/02/2023. [12645130] [22-56220, 23-55069]--[COURT UPDATE: Attached corrected brief. 02/02/2023 by JMR] (Stephens, Reilly) [Entered: 02/02/2023 02:53 PM] |
| Filing 7 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Institute for Justice. Date of service: 02/02/2023. [12644865] [22-56220, 23-55069] (Sherman, Paul) [Entered: 02/02/2023 12:41 PM] |
| Filing 6 Submitted (ECF) excerpts of record. Submitted by Appellants Michael Couris and Michael Fitzgibbons in 23-55069. Date of service: 02/02/2023. [12644474] [23-55069, 22-56220] (Frank, Theodore) [Entered: 02/02/2023 07:14 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): The unopposed motion to consolidate these appeals (Docket Entry No. [ # 12637601-2 ] in No. 23-55069) is granted. Appeal Nos. 22-56220 and 23-55069 are consolidated. Ninth Circuit Rule 3-3 shall apply to these consolidated appeals. The opening briefs and excerpts of record are due February 2, 2023. The consolidated answering brief is due March 2, 2023. The optional reply briefs are due within 21 days after service of the consolidated answering brief. See 9th Cir. R. 3-3(b). In addition to all other issues the parties wish to raise in their briefs, the parties are directed to address the basis for this courts jurisdiction over appeal No. 23-55069. See 28 U.S.C. 1291; 1292(a)(1); Herrera v. City of Palmdale, 918 F.3d 1037, 1042-43 (9th Cir. 2019) (noting that a stay order is not ordinarily a final decision under 1291); Carson v. Am. Brands, Inc., 450 U.S. 79, 84 (1981) (describing requirements where party seeks to appeal under 1292(a)(1) on the basis that the challenged order has the practical effect of refusing an injunction). 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). [12638492] [22-56220, 23-55069] (AF) [Entered: 01/25/2023 02:21 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: SH): The appeal filed December 29, 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 26, 2023; the answering brief is due February 23, 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. [12620813] (AF) [Entered: 12/30/2022 04:18 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 12/30/2022. 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.[12620522]. [22-56220] (AD) [Entered: 12/30/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Jeff Barke and Mark McDonald Mediation Questionnaire. Date of service: 12/30/2022. [12620416] [22-56220] (Stephens, Reilly) [Entered: 12/30/2022 10:59 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. [12620320] (RT) [Entered: 12/30/2022 09:33 AM] |
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