USA v. Mike Moyle, Speaker of Idaho House Representatives
| STATE OF IDAHO |
| UNITED STATES OF AMERICA |
| MIKE MOYLE, Speaker of the Idaho House of Representatives, CHUCK WINDER, President Pro Tempore of the Idaho Senate and THE SIXTY-SEVENTH IDAHO LEGISLATURE, Proposed Intevenor-Defendants |
| AMERICAN CENTER FOR LAW AND JUSTICE and STATE OF INDIANA, AND 18 OTHER STATES |
| 23-35450 |
| July 3, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 USA V. MIKE MOYLE, SPEAKER OF IDAHO HOUSE REPRESENTATIVES
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USA V. MIKE MOYLE, SPEAKER OF IDAHO HOUSE REPRESENTATIVES
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Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Filed (ECF) Appellants Mike Moyle, The Sixty-Seventh Idaho Legislature and Chuck Winder in 23-35450 Motion to stay lower court action. Date of service: 08/22/2023. [12778516] [23-35450, 23-35440] (Bower, Daniel) [Entered: 08/22/2023 10:03 AM] |
| Filing 28 Terminated Joan Callahan for State of Idaho. [12777994] [23-35440, 23-35450] (RL) [Entered: 08/21/2023 02:44 PM] |
| Filing 27 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Joan Callahan for Appellant State of Idaho in 23-35440. Party proceeding without counsel: No. Date of service: 08/21/2023. [12777970] [23-35440, 23-35450] (Callahan, Joan) [Entered: 08/21/2023 02:36 PM] |
| Filing 26 Terminated Monte N. Stewart for Chuck Winder, The Sixty-Seventh Idaho Legislature and Mike Moyle. [12777891] [23-35440, 23-35450] (RL) [Entered: 08/21/2023 01:50 PM] |
| Filing 25 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Monte N. Stewart for Appellants Mike Moyle, The Sixty-Seventh Idaho Legislature and Chuck Winder in 23-35450. Party proceeding without counsel: No. Date of service: 08/21/2023. [12777844] [23-35450, 23-35440] (Bower, Daniel) [Entered: 08/21/2023 12:57 PM] |
| Filing 30 Received 6 paper copies of Amicus Brief [ # 19 ] filed by State of Indiana et al. [12779008] [23-35440, 23-35450] (CPA) [Entered: 08/22/2023 03:21 PM] |
| Filing 24 Received 6 paper copies of Amicus Brief [ # 16 ] filed by American Center for Law and Justice. [12777320] [23-35440, 23-35450] (CPA) [Entered: 08/18/2023 04:53 PM] |
| Filing 23 Filed clerk order: The amicus brief [ # 19 ] submitted by State of Indiana, et al. 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. [12774205] [23-35440, 23-35450] (KT) [Entered: 08/15/2023 09:48 AM] |
| Filing 22 Entered appearance of Amici Curiae State of Indiana, et al. [12774202] [23-35440, 23-35450] (KT) [Entered: 08/15/2023 09:48 AM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 11 ] in 3 volume(s) and index volume filed by State of Idaho. [12773789] [23-35440, 23-35450] (NAR) [Entered: 08/14/2023 03:40 PM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 10 ] filed by State of Idaho. [12773784] [23-35440, 23-35450] (NAR) [Entered: 08/14/2023 03:39 PM] |
| Filing 19 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Indiana and 18 Other States. Date of service: 08/14/2023. [12773641] [23-35440, 23-35450] (Fisher, Thomas) [Entered: 08/14/2023 02:09 PM] |
| Filing 18 Filed clerk order: The amicus brief [ # 16 ] submitted by American Center for Law and 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. [12773422] [23-35440, 23-35450] (KT) [Entered: 08/14/2023 11:49 AM] |
| Filing 17 Entered appearance of Amicus Curiae American Center for Law and Justice. [12773421] [23-35440, 23-35450] (KT) [Entered: 08/14/2023 11:49 AM] |
| Filing 16 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Center for Law and Justice. Date of service: 08/14/2023. [12773395] [23-35440, 23-35450] (Sekulow, Jay) [Entered: 08/14/2023 11:37 AM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 8 ] filed by Mike Moyle, et al. [12771921] [23-35440, 23-35450] (SD) [Entered: 08/10/2023 11:53 AM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 9 ] in 4 volume(s) and index volume filed by Mike Moyle, et al. [12771897] [23-35440, 23-35450] (SD) [Entered: 08/10/2023 11:37 AM] |
| Filing 13 Filed clerk order: The opening brief [ # 10 ] submitted by State of Idaho 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 State of Idaho 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. [12770983] [23-35440, 23-35450] (KT) [Entered: 08/09/2023 09:57 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 8 ] submitted by Mike Moyle, et al. 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 Mike Moyle, et al. 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. [12770128] [23-35440, 23-35450] (KT) [Entered: 08/08/2023 09:36 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant State of Idaho in 23-35440. Date of service: 08/07/2023. [12769991] [23-35440, 23-35450] (Turner, Joshua) [Entered: 08/07/2023 07:56 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant State of Idaho in 23-35440. Date of service: 08/07/2023. [12769989] [23-35440, 23-35450]--[COURT UPDATE: attached corrected PDF of opening brief. 08/09/2023 by KT] (Turner, Joshua) [Entered: 08/07/2023 07:48 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellants Mike Moyle, The Sixty-Seventh Idaho Legislature and Chuck Winder in 23-35450. Date of service: 08/07/2023. [12769725] [23-35450, 23-35440] (Bower, Daniel) [Entered: 08/07/2023 03:27 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellants Mike Moyle, The Sixty-Seventh Idaho Legislature and Chuck Winder in 23-35450. Date of service: 08/07/2023. [12769714] [23-35450, 23-35440] (Bower, Daniel) [Entered: 08/07/2023 03:22 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: MCD): The unopposed motion to consolidate (Docket Entry No. [ # 12755563-8 ] in 23-35440; Docket Entry No. [ # 6 ] in 23-35450) is granted. Appeal Nos. 23-35440 and 23-35450 are consolidated. The opening briefs are due August 7, 2023. The consolidated answering brief is due September 8, 2023. The optional reply briefs are due within 21 days after service of the consolidated answering brief. The request that appellee be permitted to file a consolidated answering brief of up to 17,000 words is denied without prejudice to filing a motion for leave to file an oversized brief accompanied by a single copy of the brief that the [appellee] proposes to file. See 9th Cir. R. 32-2.2(a); see also 9th Cir. R. 32-2.2(b) (a party filing a single brief answering multiple briefs is automatically entitled to an additional 1,400 words). [12758746] [23-35440, 23-35450] (WL) [Entered: 07/20/2023 11:41 AM] |
| Filing 6 Filed (ECF) Appellee USA Unopposed Motion to consolidate cases. Date of service: 07/14/2023. [12755574] [23-35450] (Crown, Nicholas) [Entered: 07/14/2023 02:15 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12753560] (VS) [Entered: 07/12/2023 10:20 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 07/05/2023. 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.[12748786]. [23-35450] (AD) [Entered: 07/05/2023 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Mike Moyle, The Sixty-Seventh Idaho Legislature and Chuck Winder Mediation Questionnaire. Date of service: 07/05/2023. [12748544] [23-35450] (Bower, Daniel) [Entered: 07/05/2023 10:01 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The appeal filed July 3, 2023 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 July 31, 2023; the answering brief is due August 28, 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. [12748307] (RT) [Entered: 07/03/2023 04:57 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. [12747952] (RT) [Entered: 07/03/2023 12:19 PM] |
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