Betschart, et al. v. Washington County Circuit Court Judges, et al.
| JOSHUA SHANE BARTLETT, CALEB AIONA, TYRIK DAWKINS, JOSHUA JAMES-RICHARDS, TANIELA KINI KIN LATU, RICHARD OWENS, LEON MICHAEL POLASKI, ALEX SARAT XOTOY, TIMOTHY WILSON and WALTER BETSCHART |
| STATE OF OREGON and WASHINGTON COUNTY CIRCUIT COURT JUDGES |
| 23-3560 |
| November 16, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 13
ORDER FILED. William A. FLETCHER, Morgan B. CHRISTEN, Eric D. MILLER The motion to stay the district courts November 2, 2023 and November 14, 2023 orders (Docket Entry No. 15 in 23-2270) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). In granting a stay, we do not intend to constrain the merits panels consideration of the merits of these cross-appeals in any way. We sua sponte expedite these cross-appeals. The first brief on cross-appeal is due December 8, 2023. The second brief on cross-appeal is due December 22, 2023. The third brief on cross-appeal is due January 5, 2024. The optional cross-appeal reply brief is due January 16, 2024. 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). The Clerk will place these cross-appeals on the calendar for February 2024. See 9th Cir. Gen. Ord. 3.3(g). [23-2270, 23-3560] [Entered: 11/27/2023 02:04 PM]
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| Filing 12 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 15) filed by Appellee Walter Betschart, Appellee Joshua Shane Bartlett, Appellee Caleb Aiona, Appellee Tyrik Dawkins, Appellee Joshua James-Richards, Appellee Taniela Kini Kin Latu, Appellee Richard Owens, Appellee Leon Michael Polaski, Appellee Alex Sarat Xotoy, Appellee Timothy Wilson. [23-2270, 23-3560] [Entered: 11/21/2023 04:05 PM] |
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Filing 11
ORDER FILED. The notice of appeal in No. 23-2270 is amended to include the district courts November 14, 2023, order amending the challenged preliminary injunction. Appeal No. 23-3560 is a cross-appeal of the district courts amended preliminary injunction. Ninth Circuit Rule 3-3 will therefore apply to these cross-appeals. 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 must 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 filing and docketing fees for cross-appeal No. 23-3560 remain due. Within 14 days after the date of this order, cross-appellants must pay to the district court the $505.00 filing and docketing fees for the appeal and must file in this court proof of such payment. The first brief on cross-appeal is due December 14, 2023. The second brief on cross-appeal is due January 11, 2024. The third brief on cross-appeal is due February 8, 2024. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. See Fed. R. App. P. 28.1; 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). [23-2270, 23-3560] [Entered: 11/21/2023 02:34 PM]
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| Filing 10 TERMINATED participation of Counsel for Appellee Ryan P. Kahn representing Appellee State of Oregon, Appellee Washington County Circuit Court Judges. [23-2270, 23-3560] [Entered: 11/17/2023 04:45 PM] |
| Filing 9 NOTICE OF APPEARANCE by Michael A. Casper for Appellee State of Oregon replacing Ryan P. Kahn. [23-3560, 23-2270, 23-3573, 23-3573] [Entered: 11/17/2023 03:47 PM] |
| Filing 8 NOTICE OF APPEARANCE by Michael A. Casper for Respondent State of Oregon replacing Ryan P. Kahn. [23-3573, 23-2270, 23-3560, 23-3560] [Entered: 11/17/2023 03:45 PM] |
| Filing 7 NOTICE OF APPEARANCE by Michael A. Casper for Respondent State of Oregon replacing Ryan P. Kahn. [23-3573, 23-2270, 23-3560, 23-3560] [Entered: 11/17/2023 03:45 PM] |
| Filing 6 NOTICE OF APPEARANCE by Michael A. Casper for Appellant State of Oregon replacing Ryan P. Kahn. [23-2270, 23-3560, 23-3573] [Entered: 11/17/2023 03:27 PM] |
| Filing 5 SCHEDULE NOTICE for Petition for Permission to Appeal. [23-3573, 23-2270, 23-3560, 23-3560] [Entered: 11/17/2023 01:07 PM] |
| Filing 4 SCHEDULE NOTICE for Petition for Permission to Appeal. [23-3573, 23-2270, 23-3560, 23-3560] [Entered: 11/17/2023 01:07 PM] |
| Filing 3 ADDED Counsel for Appellant Fidel Cassino-DuCloux [Entered: 11/17/2023 12:31 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Briefing will be set by future court order. See 9th Cir. R. 3-3 (regarding preliminary injunction appeals). [23-3560, 23-2270] [Entered: 11/16/2023 03:22 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-01097-CL has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-3560 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 11/16/2023 03:20 PM] |
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