McGuffin, et al. v. Karcher, et al.
| NICHOLAS JAMES MCGUFFIN, as an individual and as guardian ad litem, on behalf of S.M., a minor and S.M. |
| KRIS KARCHER, MARK DANNELS, PAT DOWNING, SUSAN HORMANN, MARY KRINGS, SHELLY MCINNES, RAYMOND MCNEELY, KIP OSWALD, MICHAEL REAVES, JOHN RIDDLE, SEAN SANBORN, ERIC SCHWENNINGER, RICHARD WALTER, CHRIS WEBLEY, ANTHONY WETMORE, KATHY WILCOX, CRAIG ZANNI, DAVID ZAVALA, JOEL D. SHAPIRO, as Administrator of the Estate of David. E. Hall, ESTATE OF DAVID E. HALL, VIDOCQ SOCIETY, CITY OF COQUILLE, CITY OF COOS BAY and COUNTY OF COOS |
| 25-2548 |
| April 21, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 30
ORDER FILED. The motion (Docket Entry No. 23) to file an oversized consolidated opening brief is denied. See 9th Cir. R. 32-2; see also Circuit Advisory Committee Note to Rule 32-2 (In almost all cases, the limits provided suffice even for multiple or complex issues. Most overlength briefs could be shorter and unnecessarily burden the Court.). The clerk will strike the brief at Docket Entry No. 29. On or before October 20, 2025, appellants must submit a consolidated opening brief that complies with the length limits set forth in 9th Cir. R. 32-1. The consolidated answering brief is due November 20, 2025. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [25-2548, 25-2558, 25-2565, 25-2575] [Entered: 10/10/2025 02:11 PM]
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| Filing 29 STRICKEN PER COURT ORDER [DE 30] --- OPENING BRIEF submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[Court entered filing, incorrectly filed at DE 23] [Entered: 10/09/2025 02:52 PM] [Edited: 10/10/2025 02:13 PM] |
| Filing 28 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[Duplicate entry, correct entry is DE 24] [Entered: 10/08/2025 05:06 PM] [Edited: 10/09/2025 02:48 PM] |
| Filing 27 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[Duplicate entry, correct entry is DE 24] [Entered: 10/08/2025 05:05 PM] [Edited: 10/09/2025 02:48 PM] |
| Filing 26 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[Duplicate entry, correct entry is DE 24] [Entered: 10/08/2025 05:02 PM] [Edited: 10/09/2025 02:48 PM] |
| Filing 25 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[Duplicate entry, correct entry is DE 24] [Entered: 10/08/2025 05:01 PM] [Edited: 10/09/2025 02:48 PM] |
| Filing 24 EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[COURT UPDATE: PDF of excerpts attached as of 10/9/2025, incorrectly filed at DE 25-28] [Entered: 10/08/2025 05:00 PM] [Edited: 10/09/2025 02:47 PM] |
| Filing 23 MOTION to File Oversized Brief filed by Appellant Kris Karcher. [25-2548, 25-2558, 25-2565, 25-2575]--[COURT UPDATE: Removed motion, incorrectly attached to motion] [Entered: 10/08/2025 04:57 PM] [Edited: 10/09/2025 02:53 PM] |
| Filing 22 Paper copies (3) of Excerpts of Record in 2 Volumes and Index Volume submitted at DE by received. [25-2565, 25-2548, 25-2558, 25-2575] [Entered: 09/15/2025 11:39 AM] |
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Filing 21
ORDER FILED. The motions (Docket Entry No. 14 in Nos. 25-2548, 25-2558, 25-2565, and 25-2575) to consolidate are granted. Nos. 25-2548, 25-2558, 25-2565, and 25-2575 are consolidated. The parties must include all case numbers on future filings. The clerk will strike the individual opening briefs at Docket Entry No. 15 in No. 25-2548 and Docket Entry No. 15 in No. 25-2565. Appellants may file a motion for leave to file an oversized consolidated opening brief, if needed. Any motion must be accompanied by the proposed oversized brief and comply with the requirements of Ninth Circuit Rule 32-2. The consolidated opening brief is due October 8, 2025. The consolidated answering brief is due November 7, 2025. The optional consolidated reply brief is due 21 days after the consolidated answering brief is served. [25-2548, 25-2558, 25-2565, 25-2575] [Entered: 09/10/2025 10:51 AM]
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| Filing 20 RESPONSE to Motion to Consolidate (DE 14) filed by Appellant Kris Karcher. [Entered: 09/08/2025 09:03 PM] |
| Filing 19 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher.--[Duplicate entry, correct DE is 16] [Entered: 09/08/2025 08:07 PM] [Edited: 09/10/2025 03:26 PM] |
| Filing 18 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher.--[Duplicate entry, correct DE is 16] [Entered: 09/08/2025 07:59 PM] [Edited: 09/10/2025 03:26 PM] |
| Filing 17 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher.--[Duplicate entry, correct DE is 16] [Entered: 09/08/2025 07:58 PM] [Edited: 09/10/2025 03:25 PM] |
| Filing 16 EXCERPTS OF RECORD submitted for filing by Appellant Kris Karcher.--[COURT UPDATE: PDF of vols 2-3 and index vol attached as of 9/10/2025] [Entered: 09/08/2025 07:56 PM] [Edited: 09/10/2025 03:25 PM] |
| Filing 15 STRICKEN PER COURT ORDER [DE 21] --- OPENING BRIEF submitted for filing by Appellant Kris Karcher. [Entered: 09/08/2025 07:46 PM] [Edited: 09/10/2025 10:53 AM] |
| Filing 14 MOTION to Consolidate filed by Appellee Nicholas James McGuffin, Appellee S.M.. [Entered: 08/27/2025 09:44 AM] |
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Filing 13
ORDER FILED. On July 2, 2025, the district court entered its order denying qualified immunity. This case will therefore proceed. See Fed. R. App. P. 4(a)(2). The opening brief is due September 8, 2025. The answering brief is due October 8, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 07/22/2025 04:08 PM]
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| Filing 12 CITATION of Supplemental Authorities (28j Letter) filed by Appellant Kris Karcher. [Entered: 07/08/2025 05:48 PM] |
| Filing 11 RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 10) filed by Appellant Kris Karcher. [Entered: 06/04/2025 05:04 PM] |
| Filing 10 CITATION of Supplemental Authorities (28j Letter) filed by Appellee Nicholas James McGuffin, Appellee S.M.. [Entered: 06/03/2025 03:37 PM] |
| Filing 9 RESPONSE to Order - General OSC (DE 4) filed by Appellee Nicholas James McGuffin, Appellee S.M.. [Entered: 05/30/2025 06:27 PM] |
| Filing 8 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. [25-2545, 25-2548, 25-2555, 25-2558, 25-2559, 25-2563, 25-2565, 25-2566, 25-2575, 25-2579] [Entered: 05/30/2025 10:33 AM] |
| Filing 7 RESPONSE to Order - General OSC (DE 4) filed by Appellant Kris Karcher. [Entered: 05/20/2025 03:55 PM] |
| Filing 6 MEDIATION STATUS REPORT DUE. Mediation Appellant Status Report due (Appellant) 6/4/2025 . See order for instructions and details. [Entered: 05/20/2025 09:31 AM] |
| Filing 5 MEDIATION ORDER: By 5/27/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [25-2544, 25-2545, 25-2548, 25-2555, 25-2558, 25-2559, 25-2563, 25-2565, 25-2566, 25-2575, 25-2579, 25-2585] [Entered: 05/13/2025 04:24 PM] |
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Filing 4
ORDER FILED. An order is final and appealable if it clearly evidence[s] the judges intention that it would be the courts final act on the matter. Meyer v. Portfolio Recovery Assocs., LLC, 707 F.3d 1036, 1041 (9th Cir. 2012) (concluding district courts minute order was not final or appealable where it expressly stated that a written order would follow). This court may therefore lack jurisdiction over these appeals. Within 21 days, each appellant must either file a motion to voluntarily dismiss or file a statement explaining why their appeal should not be dismissed. If any appellant does not do so, the court will dismiss their appeal. See 9th Cir. R. 42- 1. If appellants file any statements, appellees may file a response within 10 days. Briefing is stayed. [25-2544, 25-2545, 25-2548, 25-2555, 25-2558, 25-2559, 25-2563, 25-2565, 25-2566, 25-2575, 25-2579, 25-2585] [Entered: 05/02/2025 01:32 PM]
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| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Kris Karcher. 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: 04/26/2025 02:31 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/28/2025, Appeal Transcript Order Due (Appellant) 4/30/2025, Appeal Transcript Due (Appellant) 5/30/2025, Appeal Opening Brief Due (Appellant) 7/8/2025, Appeal Answering Brief Due (Appellee) 8/7/2025. For appeal no. 25-2548, 6:20-cv-01163-MTK. 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: 04/21/2025 02:10 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 6:20-cv-01163-MTK 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 25-2548 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: 04/21/2025 02:08 PM] |
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