Bruce Gilley v. Tova Stabin, et al
| BRUCE GILLEY |
| TOVA STABIN, in her individual capacity and COMMUNICATION MANAGER OF THE UNIVERSITY OF OREGON'S DIVISION OF EQUITY AND INCLUSION, in his or her official capacity |
| 23-35130 |
| February 21, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 21 Filed clerk order (Deputy Clerk: AC): The motion for an extension of time to file the second brief on cross-appeal (Docket Entry No. [ # 19 ]) is granted in part. The second brief on cross-appeal is due May 3, 2023. The third brief on cross-appeal is due May 31, 2023. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12699990] [23-35097, 23-35130] (AF) [Entered: 04/20/2023 05:29 PM] |
| Filing 20 Filed (ECF) Appellant Bruce Gilley in 23-35097, Appellee Bruce Gilley in 23-35130 response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 04/20/2023. [12699593] [23-35097, 23-35130] (Kolde, Endel) [Entered: 04/20/2023 02:08 PM] |
| Filing 19 Filed (ECF) Appellees Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35097, Appellants Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35130 Motion to extend time to file Answering brief until 05/10/2023. Date of service: 04/14/2023. [12696109] [23-35097, 23-35130] (Carp, Jeremy) [Entered: 04/14/2023 03:52 PM] |
| Filing 18 Added Attorney(s) Jeremy A. Carp for party(s) Appellant Communication Manager of the University of Oregon's Division of Equity and Inclusion Appellant Tova Stabin. [12689988] [23-35097, 23-35130] (BJK) [Entered: 04/05/2023 04:18 PM] |
| Filing 17 Filed (ECF) notice of appearance of Jeremy A. Carp (Stoel Rives LLP, 760 SW 9th Avenue, Suite 3000, Portland, OR 97205) for Appellants Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35130, Appellees Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35097. Date of service: 04/05/2023. (Party was previously proceeding with counsel.) [12689937] [23-35130, 23-35097] (Carp, Jeremy) [Entered: 04/05/2023 03:45 PM] |
| Filing 16 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and LUCY H. KOH) The motion to dismiss appeal No. 23-35130 for lack of jurisdiction (Docket Entry No. [ # 2 ]) is denied without prejudice to renewing the arguments in the third brief on cross-appeal. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). Regardless of whether appellant renews the arguments, in addition to all other issues the parties wish to address in their briefs, the parties shall address whether this court has pendent jurisdiction over appeal No. 23-35130. See, e.g., Cunningham v. Gates, 229 F.3d 1271, 1285 (9th Cir. 2000) (for interlocutory appeals to be inextricably intertwined the legal theories on which the issues advance must either (a) be so intertwined that we must decide the pendent issue in order to review the claims properly raised on interlocutory appeal, or (b) resolution of the issue properly raised on interlocutory appeal necessarily resolves the pendent issue). The first brief on cross-appeal has been filed. The second brief on cross-appeal is due April 26, 2023. The third brief on cross-appeal is due May 24, 2023. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12684995] [23-35097, 23-35130] (OC) [Entered: 03/29/2023 03:01 PM] |
| Filing 15 Received 6 paper copies of First Brief on Cross-Appeal [ # 10 ] filed by Bruce Gilley. [12671483] [23-35097, 23-35130] (NAR) [Entered: 03/10/2023 11:34 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 3 volume(s) and index volume filed by Bruce Gilley. [12671482] [23-35097, 23-35130] (NAR) [Entered: 03/10/2023 11:33 AM] |
| Filing 13 Filed (ECF) Appellant Bruce Gilley in 23-35097, Appellee Bruce Gilley in 23-35130 reply to response (). Date of service: 03/07/2023. [12668857] [23-35097, 23-35130] (Kolde, Endel) [Entered: 03/07/2023 11:03 AM] |
| Filing 12 Filed clerk order: The first brief on cross-appeal [ # 10 ] submitted by Bruce Gilley 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 [ # 11 ] submitted by Bruce Gilley 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. [12667906] [23-35097, 23-35130] (KWG) [Entered: 03/06/2023 01:06 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Bruce Gilley in 23-35097, Appellee Bruce Gilley in 23-35130. Date of service: 03/03/2023. [12667282] [23-35097, 23-35130] (Kolde, Endel) [Entered: 03/03/2023 09:48 PM] |
| Filing 10 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Bruce Gilley in 23-35097, Appellee Bruce Gilley in 23-35130. Date of service: 03/03/2023. [12667281] [23-35097, 23-35130] (Kolde, Endel) [Entered: 03/03/2023 09:44 PM] |
| Filing 9 Filed (ECF) Appellees Tova Stabin and Communication Manager of the University of Oregon's Division of Equity and Inclusion in 23-35097, Appellants Tova Stabin and Communication Manager of the University of Oregon's Division of Equity and Inclusion in 23-35130 response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 03/03/2023. [12667237] [23-35097, 23-35130] (Isaak, Misha) [Entered: 03/03/2023 05:01 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 02/27/2023. 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.[12663176]. [23-35130] (AD) [Entered: 02/27/2023 06:44 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 02/27/2023. 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.[12663175]. [23-35130] (AD) [Entered: 02/27/2023 06:44 PM] |
| Filing 6 Filed (ECF) Appellant Bruce Gilley in 23-35097, Appellee Bruce Gilley in 23-35130 Mediation Questionnaire. Date of service: 02/27/2023. [12662627] [23-35097, 23-35130] (Brown, Stephanie) [Entered: 02/27/2023 01:59 PM] |
| Filing 5 Filed (ECF) Appellants Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35130, Appellees Communication Manager of the University of Oregon's Division of Equity and Inclusion and Tova Stabin in 23-35097 Mediation Questionnaire. Date of service: 02/27/2023. [12662504] [23-35130, 23-35097] (Isaak, Misha) [Entered: 02/27/2023 01:01 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: AC): Appellant Gilley filed the notice of appeal for appeal No. 23-35097 on February 3, 2023. On February 6, 2023, this court established a briefing schedule for appeal No. 23-35097, under which appellant Gilleys opening brief was due March 3, 2023. Cross-appellants filed the notice of appeal for cross-appeal No. 23-35130 on February 16, 2023. On February 21, 2023, appellant Gilley filed a motion to dismiss cross-appeal No. 23-35130. On February 22, 2023, the court established a briefing schedule for these cross-appeals, under which appellant Gilleys opening brief remained due March 3, 2023. The briefing schedule established on February 22, 2023 is vacated in part. Because appellant Gilley will need to file his principal brief for appeal No. 23-35097 regardless of the disposition of the motion to dismiss cross-appeal No. 23-35130, see Fed. R. App. P. 28(a), 28.1(c)(1), appellant Gilleys opening brief remains due March 3, 2023. Appellant Gilley is not required to address whether this court has pendent jurisdiction over cross-appeal No. 23-35130 in his opening brief. Upon the filing of that brief, further briefing will be stayed pending resolution of the motion to dismiss. See 9th Cir. R. 27-11. [12661164] [23-35097, 23-35130] (AF) [Entered: 02/24/2023 02:17 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: AC): Appeal No. 23-35130 is a cross-appeal to appeal No. 23-35097. Accordingly, Ninth Circuit Rule 3-3 applies. The mediation questionnaires for No. 23-35130 are 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 first brief on cross-appeal remains due March 3, 2023. The second brief on cross-appeal is due March 31, 2023. The third brief on cross-appeal is due April 28, 2023. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. 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). In addition to all other issues the parties wish to address in their briefs, the parties shall address whether this court has pendent jurisdiction over appeal No. 23-35130. See, e.g., Cunningham v. Gates, 229 F.3d 1271, 1285 (9th Cir. 2000) (for interlocutory appeals to be inextricably intertwined the legal theories on which the issues advance must either (a) be so intertwined that we must decide the pendent issue in order to review the claims properly raised on interlocutory appeal, or (b) resolution of the issue properly raised on interlocutory appeal necessarily resolves the pendent issue). [12658843] [23-35097, 23-35130] (WL) [Entered: 02/22/2023 01:38 PM] |
| Filing 2 Filed (ECF) Appellee Bruce Gilley in 23-35130, Appellant Bruce Gilley in 23-35097 Urgent Motion to dismiss for lack of jurisdiction. Date of service: 02/21/2023. [12658040] [23-35130, 23-35097] (Kolde, Endel) [Entered: 02/21/2023 07:06 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Cross Appeal. C.R. 3-3. [12656948] [23-35130, 23-35097] (RT) [Entered: 02/21/2023 10:34 AM] |
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| Plaintiff / appellee: BRUCE GILLEY | |
| Represented By: | Endel Kolde |
| Represented By: | Derek Angus Lee Esquire |
| Represented By: | Stephanie M. Brown |
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| Defendant / appellant: TOVA STABIN, in her individual capacity | |
| Represented By: | Stephen F. English |
| Represented By: | Misha Isaak |
| Represented By: | Jeremy A. Carp |
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| Defendant / appellant: COMMUNICATION MANAGER OF THE UNIVERSITY OF OREGON'S DIVISION OF EQUITY AND INCLUSION, in his or her official capacity | |
| Represented By: | Stephen F. English |
| Represented By: | Misha Isaak |
| Represented By: | Jeremy A. Carp |
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