Ramon Torres Hernandez, et al v. Julie Su, et al
| RAMON TORRES HERNANDEZ and FAMILIAS UNIDAS POR LA JUSTICIA, AFL-CIO, a labor organization |
| JULIE A. SU, in her official capacity as United States Secretary of Labor, U.S. DEPARTMENT OF LABOR, WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT and CAMI FEEK, in her official capacity as Commissioner of ESD |
| 23-35525 |
| August 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 24 Filed order (BRIDGET S. BADE, KENNETH K. LEE and LAWRENCE VANDYKE): Appellees motions to dismiss appeal No. 22-35913 (Docket Entry No. [ # 12785281-2 ] in appeal No. 22-35913) and appeal No. 23-35525 (Docket Entry No. [ # 13 ] in appeal No. 23-35525) for lack of jurisdiction are granted. See Sec. & Exch. Commn v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (dismissing appeal of denial of preliminary injunctive relief after dismissal of the underlying claim); see also Nationwide Biweekly Admin., Inc. v. Owen, 873 F.3d 716, 730 (9th Cir. 2017) (When a case is dismissed while an appeal of an order on a preliminary injunction is pending, the preliminary injunction order merges into the final judgment. (citation omitted)). All other pending motions in those appeals are denied as moot. Appellants motion to expedite appeal No. 23-35582 (Docket Entry No. 2) is granted in part. The opening brief and excerpts of record are due October 20, 2023. The answering brief(s) are due November 20, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief. The parties are reminded of the courts preference for joint briefing. See, e.g., Circuit Advisory Committee Note to Ninth Circuit Rule 32-2 (Ninth Circuit Rules encourage[] separately represented parties to file a joint brief to avoid burdening the Court with repetitive presentations of common facts and issues). 22-35913 and 23-35525 DISMISSED. [12801369] [22-35913, 23-35525] (AF) [Entered: 09/29/2023 11:20 AM] |
| Filing 23 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez reply to response (). Date of service: 09/22/2023. [12797378] [23-35525] (Schmitt, Andrea) [Entered: 09/22/2023 02:17 PM] |
| Filing 22 Filed (ECF) Appellees USDOL and Julie A. Su reply to response (). Date of service: 09/18/2023. [12794346] [23-35525] (Drake, John) [Entered: 09/18/2023 03:54 PM] |
| Filing 21 Filed (ECF) Appellees Julie A. Su and USDOL response to motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing) motion to consolidate cases). Date of service: 09/15/2023. [12793530] [23-35525] (Drake, John) [Entered: 09/15/2023 04:21 PM] |
| Filing 20 Filed (ECF) Appellees Washington State Employment Security Department and Cami Feek response to motion ([ # 15 ] Motion (ECF Filing), [ # 15 ] Motion (ECF Filing)). Date of service: 09/15/2023. [12793284] [23-35525] (Colignon, Marya) [Entered: 09/15/2023 01:28 PM] |
| Filing 19 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez reply to response (). Date of service: 09/12/2023. [12790941] [23-35525] (Morrison, Joachim) [Entered: 09/12/2023 02:57 PM] |
| Filing 18 Filed (ECF) Appellees Cami Feek and Washington State Employment Security Department response supporting motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing)). Date of service: 09/11/2023. [12789926] [23-35525] (Colignon, Marya) [Entered: 09/11/2023 02:09 PM] |
| Filing 17 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing)). Date of service: 09/11/2023. [12789909] [23-35525] (Schmitt, Andrea) [Entered: 09/11/2023 02:02 PM] |
| Filing 16 Filed (ECF) Appellees Julie A. Su and USDOL response to motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing)). Date of service: 09/05/2023. [12786643] [23-35525] (Drake, John) [Entered: 09/05/2023 02:49 PM] |
| Filing 15 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez Motion to consolidate cases 23-35525; 23-35582. Date of service: 09/05/2023. [12786587] [23-35525] (Morrison, Joachim) [Entered: 09/05/2023 02:17 PM] |
| Filing 14 Filed (ECF) Appellees Cami Feek and Washington State Employment Security Department response opposing motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing)). Date of service: 09/05/2023. [12786327] [23-35525] (Colignon, Marya) [Entered: 09/05/2023 11:26 AM] |
| Filing 13 Filed (ECF) Appellees Julie A. Su and USDOL Motion to dismiss for lack of jurisdiction. Date of service: 09/01/2023. [12785106] [23-35525] (Drake, John) [Entered: 09/01/2023 09:34 AM] |
| Filing 12 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez Motion to expedite case. Date of service: 08/25/2023. [12781269] [23-35525] (Morrison, Joachim) [Entered: 08/25/2023 04:02 PM] |
| Filing 9 Added Attorney Edward Tuddenham for Appellant Familias Unidas por la Justicia, AFL-CIO, in case 23-35525. [12780777] (HH) [Entered: 08/25/2023 09:26 AM] |
| Filing 8 Filed (ECF) notice of appearance of Edward Tuddenham (42 Ave. Bosquet, 75007 Paris, France) for Appellant Familias Unidas por la Justicia, AFL-CIO. Date of service: 08/25/2023. (Party was previously proceeding with counsel.) [12780706] [23-35525] (Tuddenham, Edward) [Entered: 08/25/2023 12:32 AM] |
| Filing 11 Received 3 paper copies of excerpts of record [ # 5 ] in 6 volume(s) and index volume filed by Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez. [12781095] (CPA) [Entered: 08/25/2023 01:53 PM] |
| Filing 10 Received 6 paper copies of Opening Brief [ # 6 ] filed by Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez. [12781084] (CPA) [Entered: 08/25/2023 01:42 PM] |
| Filing 7 Filed clerk order: The opening brief [ # 6 ] submitted by Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez 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 [ # 5 ] submitted by Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez 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. [12775940] (KT) [Entered: 08/17/2023 10:21 AM] |
| Filing 6 Submitted (ECF) Opening Brief for review. Submitted by Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez. Date of service: 08/16/2023. [12775657] [23-35525] (Morrison, Joachim) [Entered: 08/16/2023 04:38 PM] |
| Filing 5 Submitted (ECF) excerpts of record. Submitted by Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez. Date of service: 08/16/2023. [12775655] [23-35525] (Morrison, Joachim) [Entered: 08/16/2023 04:36 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 08/10/2023. 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.[12771970]. [23-35525] (AD) [Entered: 08/10/2023 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Familias Unidas por la Justicia, AFL-CIO and Ramon Torres Hernandez Mediation Questionnaire. Date of service: 08/10/2023. [12771728] [23-35525] (Morrison, Joachim) [Entered: 08/10/2023 09:44 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The appeal filed August 4, 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 orde r, 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 ex cerpts of record are due no later than September 1, 2023; the answering brief briefs are due September 29, 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 last-served 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). Fail ure to file timely the opening brief will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42 1. [12770632] (AF) [Entered: 08/08/2023 03:16 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. [12769189] (JBS) [Entered: 08/07/2023 10:48 AM] |
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