Dante Pattison v. Keith Benson, et al
| DANTE HANALEI PATTISON |
| KEITH BENSON, JENNIFER VARGAS and MEGAN SULLIVAN |
| 23-15870 |
| June 12, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 6 Filed clerk order (Deputy Clerk: MCD): The record reflects that retained counsel has appeared on behalf of appellee. Appellees motion for appointment of pro bono counsel (Docket Entry No. [ # 2 ]) is therefore moot. To the extent the motion requests any other relief, the request is denied without prejudice to renewal through counsel. The opening brief and excerpts of record are due September 18, 2023. The answering brief is due October 18, 2023. The optional reply brief is due within 21 days after servi ce of the answering brief. In addition to all other issues the parties wish to raise in their briefs, the parties must address the basis for this courts jurisdiction over this appeal, including whether the appeal is timely and whether the appeal comes within the courts limited jurisdiction over orders that deny qualified immunity. See 28 U.S.C. 2107(a); Fed. R. Civ. P. 58(a) and advisory committee note (Appeal time should start to run when the collateral order is entered without regard to creation of a separate document . . . .); see also Ballou v. McElvain, 29 F.4th 413, 421 (9th Cir. 2022) (noting that this courts jurisdiction over an interlocutory appeal from the denial of qualified immunity at summary judgment is limited to the question of whether the defendant would be entitled to qualified immunity as a matter of law, assuming all factual disputes are resolved, and all reasonable inferences are drawn, in plaintiffs favor (citing Estate of Anderson v. Marsh, 985 F.3d 726, 731 (9th Cir. 2021))). [12770200] (JBS) [Entered: 08/08/2023 10:15 AM] |
| Filing 5 Added Attorney(s) Cristina Phipps, Taylor Jorgensen for party(s) Appellee Dante Hanalei Pattison, in case 23-15870. [12756845] (QDL) [Entered: 07/18/2023 08:33 AM] |
| Filing 4 Filed (ECF) notice of appearance of Cristina Ann Phipps (Lagomarsino Law, 3005 W. Horizon Ridge Pkwy., #241, Henderson, NV 89052) for Appellee Dante Hanalei Pattison. Date of service: 07/18/2023. (Party was previously proceeding with counsel.) [12756812] [23-15870] (Phipps, Cristina) [Entered: 07/18/2023 07:39 AM] |
| Filing 3 Filed (ECF) notice of appearance of Taylor Nicole Jorgensen (Lagomarsino Law, 3005 W. Horizon Ridge Pkwy., #241, Henderson, NV 89052) for Appellee Dante Hanalei Pattison. Date of service: 07/18/2023. (Party was previously proceeding pro se.) [12756811] [23-15870] (Jorgensen, Taylor) [Entered: 07/18/2023 07:37 AM] |
| Filing 2 Filed Appellee Dante Hanalei Pattison motion to appoint pro bono counsel. Deficiencies: None. [12740846] (QDL) [Entered: 06/22/2023 09:23 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE PLAINTIFF-APPELLEE. SEND MQ: No. The schedule is set as follows: Transcript ordered by 07/12/2023. Transcript due 08/10/2023. Appellants Keith Benson, Megan Sullivan and Jennifer Vargas opening brief due 09/18/2023. Appellee Dante Hanalei Pattison answering brief due 10/18/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12734171] (RT) [Entered: 06/12/2023 04:06 PM] |
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