Jane Doe, et al v. Rob Bonta, et al
| JANE DOE, an individual and JOHN DOE, No. 1, No. 2, No. 3, No. 4, individuals |
| ROB BONTA, in his official capacity as Attorney General of the State of California and DOES, 1-25, inclusive |
| 23-55133 |
| February 13, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
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| Filing 6 Filed clerk order (Deputy Clerk: AC): The court has received the responses to the February 15, 2023 order, as well as appellants notice of the district courts March 17, 2023 entry of judgment. This appeal will proceed as an ordinary appeal, not a preliminary injunction appeal governed by Ninth Circuit Rule 3-3. The opening brief is due May 17, 2023. The answering brief is due June 16, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12679971] (AF) [Entered: 03/22/2023 05:16 PM] |
| Filing 5 Filed (ECF) Appellants Jane Doe and John Doe Correspondence: Plaintiff-Appellants' Notice of Entry of Final Judgment. Date of service: 03/22/2023 [12679744] [23-55133] (Reynolds, Michael) [Entered: 03/22/2023 02:43 PM] |
| Filing 4 Filed (ECF) Appellee Rob Bonta response to order to show cause dated 01/12/2023. Date of service: 03/17/2023. [12676036] [23-55133] (Davis, Ryan) [Entered: 03/17/2023 09:33 AM] |
| Filing 3 Filed (ECF) Appellants Jane Doe and John Doe response to order to show cause dated 02/15/2023. Date of service: 03/08/2023. [12669704] [23-55133] (Schlagel, Cameron) [Entered: 03/08/2023 11:55 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: AC): This appeal challenges the district courts January 12, 2023 order dismissing appellants complaint and denying their motion for a preliminary injunction as moot. The January 12, 2023 order provided that, [t]o the extent Plaintiffs wish to amend their claims, they may do so by filing a motion for leave to amend by February 10, 2023. To the extent that appellants challenge the district courts dismissal of their complaint pursuant to 28 U.S.C. 1291, this court may presently lack jurisdiction over this appeal because a plaintiff, who has been given leave to amend, may not file a notice of appeal simply because he does not choose to file an amended complaint. A further district court determination must be obtained. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997). To the extent that appellants challenge the interlocutory denial of their motion for preliminary injunction pursuant to 28 U.S.C. 1292(a)(1), the appeal may be dismissed upon the entry of final judgment in the district court. This court has explained that it is pointless for us to decide what preliminary relief [a plaintiff] should have obtained after the underlying claims have been dismissed. See SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (dismissing an appeal from an order denying a motion for preliminary injunction following the district courts dismissal and entry of final judgment). Within 21 days after this order, appellants shall file a written response indicating whether they intend this appeal to be a final judgment appeal pursuant to 28 U.S.C. 1291 or an interlocutory appeal pursuant to 28 U.S.C. 1292(a)(1). Appellants shall also explain whether this court has jurisdiction over this appeal. Appellees may respond within 10 days after appellants response. If necessary, the court will establish an appropriate briefing schedule by separate order. [12653419] (WL) [Entered: 02/15/2023 09:02 AM] |
| 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. [12652158] (RT) [Entered: 02/13/2023 03:49 PM] |
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