Planned Parenthood Mar Monte, Inc. v. Pruyt, et al.
| PLANNED PARENTHOOD MAR MONTE, INC. |
| GARRIT PRUYT, Carson City District Attorney, AARON DARNELL FORD, Nevada Attorney General, STEPHEN B. RYE, Lyon County District Attorney, CHRISTOPHER J. HICKS, Washoe County District Attorney, MICHAEL E. DINNING, Churchill County District Attorney, STEVEN WOLFSON, Clark County District Attorney, ANNE LANGER, Storey County District Attorney, MARK B. JACKSON, Douglas County District Attorney, TYLER INGRAM, Elko County District Attorney, ROBERT E. GLENNEN, III, Esmeralda County District Attorney, THEODORE BEUTEL, Eureka County District Attorney, KEVIN PASQUALE, Humboldt County District Attorney, WILLIAM E. SCHAEFFER, Lander County District Attorney, DYLAN V. FREHNER, Lincoln County District Attorney, T. JAREN STANTON, Mineral County District Attorney, BRIAN T. KUNZI, Nye County District Attorney, BRYCE R. SHIELDS, Pershing County District Attorney and JAMES S. BEECHER, White Pine District Attorney |
| IF WHEN HOW: LAWYERING FOR REPRODUCTIVE JUSTICE and NATIONAL CENTER FOR YOUTH LAW |
| 25-2432 |
| April 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 39
ORDER FILED. On July 23, 2025, Appellant filed a motion to voluntarily dismiss and stated that Appellees Garrit Pruyt and Stephen B. Rye opposed the motion. (Dkt. No. 35). Subsequently, on August 14, 2025, Appellees Pruyt and Rye filed a response joining the motion to dismiss. (Dkt. No. 38). Appellees Michael E. Dinning and Anne Langer did not take a position or file an opposition. Appellants motion to voluntarily dismiss its appeal in this matter under Federal Rule of Appellate Procedure 42(b)(2) is GRANTED. Pursuant to the motion, this appeal is DISMISSED with prejudice, and each party shall bear its own costs and fees. A copy of this order served on the district court shall act as and for the mandate of this court. [Entered: 08/22/2025 04:23 PM]
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| Filing 38 RESPONSE JOINING Motion to Dismiss (DE 35) filed by Appellee Garrit Pruyt, Appellee Stephen B. Rye. [Court entered filing to correct DE 37] [Entered: 08/15/2025 11:19 AM] |
| Filing 37 DEFECTIVE --- JOINDER TO BRIEF filed by Appellee Garrit Pruyt, Appellee Stephen B. Rye, joining Appellant's Motion to Dismiss Appeal at DE 35.1, filed by Plaintiff-Appellant Planned Parenthood Mar Monte, Inc.. [Wrong filing type used, corrected in DE 38] [Entered: 08/14/2025 05:49 PM] [Edited: 08/15/2025 11:22 AM] |
| Filing 36 NOTICE OF ORAL ARGUMENT on Friday, October 24, 2025 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-2432] [Entered: 08/10/2025 12:17 PM] |
| Filing 35 MOTION to Dismiss filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 07/23/2025 10:22 AM] |
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Filing 34
ORDER FILED. A motions panel of this court referred Plaintiff-Appellants motion for stay pending appeal (Dkt. 7) to the merits panel scheduled to hear argument in this appeal in October 2025. Also pending before the court is Defendants-Appellees motion to clarify or reconsider (Dkt. 18). To determine whether to issue a stay pending appeal, we consider: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Nken v. Holder, 556 U.S. 418, 426 (2009) (citation omitted). To satisfy the first prong, the movant must demonstrateat a minimumthat it has raised serious questions going to the merits, in which case it must also show that the balance of hardships tips sharply in its favor. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir. 2011) (citation omitted). Here, Plaintiff-Appellant failed to establish serious questions going to the merits on its argument that the change in law effected by Dobbs v. Jackson Womens Health Org., 597 U.S. 215 (2022) did not warrant dissolution of the permanent injunction under Federal Rule of Civil Procedure 60(b)(5). See Cal. ex rel. Becerra v. U.S. Envt Prot. Agency, 978 F.3d 708, 716 (9th Cir. 2020). Accordingly, Plaintiff-Appellants motion for stay pending appeal (Dkt. 7) is DENIED. Defendant-Appellees motion to clarify or reconsider (Dkt. 18) is DENIED AS MOOT. [Entered: 07/18/2025 03:13 PM]
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| Filing 33 RESPONSE to Motion to Reconsider Nondispositive Order (DE 18) filed by Appellant Planned Parenthood Mar Monte, Inc.. [Court entered filing to correct DE 32] [Entered: 07/17/2025 05:07 PM] |
| Filing 32 DEFECTIVE --- MOTION to Clarify or Amend Court Order or Disposition filed by Appellant Planned Parenthood Mar Monte, Inc.. [Wrong filing type used, corrected in DE 33] [Entered: 07/17/2025 05:01 PM] [Edited: 07/17/2025 05:07 PM] |
| Filing 31 CLERK ACTION: Amicus Brief submitted at DE 26 by Amici Curiae If/When/How: Lawyering for Reproductive Justice and the National Center for Youth Law is filed. No paper copies are required at this time. [Entered: 07/17/2025 02:36 PM] |
| Filing 30 CLERK ACTION: Amicus Brief submitted at DE 11 by Amici Curiae If/When/How: Lawyering for Reproductive Justice and the National Center for Youth Law is filed. No paper copies are required at this time. [Entered: 07/17/2025 02:32 PM] |
| Filing 29 TEXT CLERK ORDER. The motions for leave to file amicus brief (DE 11 and DE 26) are granted. [Entered: 07/17/2025 01:50 PM] |
| Filing 28 ADDED Counsel for Appellant Jessica Gerson [Entered: 07/16/2025 09:39 AM] |
| Filing 27 NOTICE OF APPEARANCE by Jessica Gerson for Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 07/16/2025 09:35 AM] |
| Filing 26 AMICUS BRIEF and MOTION for leave to file amicus brief filed by AMICI CURIAE IF/WHEN/HOW: LAWYERING FOR REPRODUCTIVE JUSTICE, NATIONAL CENTER FOR YOUTH LAW, ET AL.. [Entered: 07/14/2025 07:20 PM] |
| Filing 25 Paper copies (6) of Opening Brief submitted at DE 19 by Appellant Planned Parenthood Mar Monte, Inc. received. (sent to panel)--[COURT UPDATE: sent to panel] [Entered: 07/10/2025 10:13 AM] [Edited: 07/10/2025 10:28 AM] |
| Filing 24 Paper copies (3) of Excerpts of Record in 2 Volumes and Index Volume submitted at DE 20 by Appellant Planned Parenthood Mar Monte, Inc. received. (sent to panel) [Entered: 07/10/2025 10:11 AM] |
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Filing 23
ORDER FILED. Opening Brief submitted at DE 19 by Appellant Planned Parenthood Mar Monte, Inc. is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 20 by Appellant Planned Parenthood Mar Monte, Inc. are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/08/2025 08:48 AM]
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| Filing 22 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Planned Parenthood Mar Monte, Inc.. (Duplicate entry, correct entry at DE 20) [Entered: 07/07/2025 08:19 PM] [Edited: 07/08/2025 08:36 AM] |
| Filing 21 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Planned Parenthood Mar Monte, Inc.. (Duplicate entry, correct entry at DE 20) [Entered: 07/07/2025 08:18 PM] [Edited: 07/08/2025 08:36 AM] |
| Filing 20 EXCERPTS OF RECORD submitted for filing by Appellant Planned Parenthood Mar Monte, Inc..--[COURT UPDATE: Attached excerpts vols 1 & 2 originally submitted in DE 21 and DE 22] [Entered: 07/07/2025 08:18 PM] [Edited: 07/08/2025 08:36 AM] |
| Filing 19 OPENING BRIEF submitted for filing by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 07/07/2025 08:15 PM] |
| Filing 18 MOTION to Reconsider Nondispositive Order filed by Appellee Garrit Pruyt, Appellee Stephen B. Rye. [Entered: 07/07/2025 06:19 PM] |
| Filing 17 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for October 2025 at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) immediately using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [Case List] [Entered: 06/23/2025 12:37 PM] |
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Filing 16
ORDER FILED. Kim McLane WARDLAW, Gabriel P. SANCHEZ, Anthony D. JOHNSTONE The motions to stay the district courts March 31, 2025 order (Docket Entry No. 7) and for leave to file an amicus brief (Docket Entry No. 11) are referred to the panel assigned to decide the merits of this appeal. The existing briefing schedule remains in effect. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). The Clerk will place this case on the calendar for October 2025. See 9th Cir. Gen. Ord. 3.3(f). [Entered: 06/23/2025 10:09 AM]
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| Filing 15 SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 05/19/2025 05:06 PM] |
| Filing 14 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 12) filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 05/19/2025 04:59 PM] |
| Filing 13 ADDED Amicus Curiae - Pending If When How: Lawyering for Reproductive Justice, Amicus Curiae - Pending National Center for Youth Law, Counsel for Amicus Curiae - Pending Sara Lyle Ainsworth, Counsel for Amicus Curiae - Pending Jean Strout [Entered: 05/13/2025 07:42 AM] |
| Filing 12 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee Garrit Pruyt, Appellee Stephen B. Rye. [Entered: 05/12/2025 01:10 PM] |
| Filing 11 AMICUS BRIEF and MOTION for leave to file amicus brief filed by If/When/How: Lawyering for Reproductive Justice and the National Center for Youth Law.--[COURT UPDATE: Corrected PDF files attached as of 5/14/2025, REPLACING original attachment] [Entered: 05/09/2025 02:14 PM] [Edited: 05/14/2025 11:58 AM] |
| Filing 10 SUPPLEMENT to MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment (DE7) filed by Appellant Planned Parenthood Mar Monte, Inc.. [Court entered filing to correct DE 8] [Entered: 05/02/2025 04:09 PM] |
| Filing 9 SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellant Planned Parenthood Mar Monte, Inc.. [Court update to correct docket text] [Entered: 05/02/2025 03:59 PM] [Edited: 05/02/2025 04:10 PM] |
| Filing 8 DEFECTIVE --- MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Planned Parenthood Mar Monte, Inc.. [Wrong filing type used, corrected in DE 10] [Entered: 05/02/2025 03:57 PM] [Edited: 05/02/2025 04:11 PM] |
| Filing 7 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 05/02/2025 03:52 PM] |
| Filing 6 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 04/29/2025 09:35 AM] |
| Filing 5 RELEASED FROM MEDIATION. This case is released from the Mediation Program. [Entered: 04/25/2025 04:42 PM] |
| Filing 4 NOTICE of Transcript Designation filed by Appellant Planned Parenthood Mar Monte, Inc.. [Entered: 04/25/2025 10:24 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Planned Parenthood Mar Monte, Inc.. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [Entered: 04/21/2025 01:51 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/21/2025, Appeal Transcript Order Due (Appellant) 4/25/2025, Appeal Transcript Due (Appellant) 5/27/2025, Appeal Opening Brief Due (Appellant) 7/7/2025, Appeal Answering Brief Due (Appellee) 8/6/2025. For appeal no. 25-2432, 3:85-cv-00331-ART-CSD. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 04/15/2025 04:57 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:85-cv-00331-ART-CSD 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 25-2432 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/15/2025 04:53 PM] |
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