Erwine v. United States of America, et al.
| MICHAEL ERWINE |
| UNITED STATES OF AMERICA, ZACHARY WESTBROOK, JOHN LEONARD, MICHEL HALL, GENE M. BURKE, BENJAMIN TROTTER and COUNTY OF CHURCHILL |
| 25-3134 |
| May 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 21
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 20) granted. Amended briefing schedule: . Optional Reply Brief due 12/14/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 11/06/2025 01:28 PM]
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| Filing 20 Streamlined Request for Extension of Time to File Brief filed by Appellant Michael Erwine. [Entered: 11/06/2025 11:41 AM] |
| Filing 19 Paper copies (6) of Answering Brief submitted at DE 17 by Appellee United States of America received. [Entered: 10/30/2025 04:44 PM] |
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Filing 18
ORDER FILED. Answering Brief submitted at DE 17 by Appellee United States of America is filed. Appellee must file 6 copies of the brief in paper format securely bound on the left side with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. [Entered: 10/23/2025 09:23 AM]
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| Filing 17 ANSWERING BRIEF submitted for filing by Appellee United States of America. [Entered: 10/22/2025 02:45 PM] |
| Filing 16 TEXT ORDER FILED. The motion (Docket Entry No. 15) for an extension of time to file the answering brief is granted. The answering brief is due October 24, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 10/02/2025 08:47 AM] |
| Filing 15 MOTION to Extend Time to File Brief filed by Appellee United States of America. [Entered: 09/26/2025 09:59 AM] |
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Filing 14
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 13) granted. Amended briefing schedule: Answering Brief Due (Appellee) 10/3/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/30/2025 04:54 PM]
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| Filing 13 Streamlined Request for Extension of Time to File Brief filed by Appellee United States of America. [Entered: 07/30/2025 03:26 PM] |
| Filing 12 Paper copies (6) of Opening Brief submitted at DE 7 by Appellant Michael Erwine received. [Entered: 07/29/2025 04:18 PM] |
| Filing 11 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 8 by Appellant Michael Erwine received. [Entered: 07/29/2025 04:16 PM] |
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Filing 10
ORDER FILED. Opening Brief submitted at DE 7 by Appellant Michael Erwine 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 8 by Appellant Michael Erwine 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: 07/23/2025 12:10 PM]
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| Filing 9 NOTICE of Transcript Designation filed by Appellant Michael Erwine. [Entered: 07/21/2025 05:22 PM] |
| Filing 8 EXCERPTS OF RECORD submitted for filing by Appellant Michael Erwine. [Entered: 07/21/2025 04:45 PM] |
| Filing 7 OPENING BRIEF submitted for filing by Appellant Michael Erwine.--[COURT UPDATE: Corrected PDF attached as of 7/23/2025, REPLACING original attachment] [Entered: 07/21/2025 04:43 PM] [Edited: 07/23/2025 12:03 PM] |
| Filing 6 RELEASED FROM MEDIATION. These cases are released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [25-3134, 25-3136] [Entered: 06/06/2025 11:51 AM] |
| Filing 5 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Assessment Conference Call 6/6/2025, 10:00 AM Pacific Time (originally 6/2/2025). Each participant will receive an email modifying the dial-in information. [25-3134, 25-3136] [Entered: 06/02/2025 09:36 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 6/2/2025, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 05/27/2025 04:26 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Michael Erwine. 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: 05/18/2025 05:56 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/20/2025, Appeal Transcript Order Due (Appellant) 5/27/2025, Appeal Transcript Due (Appellant) 6/25/2025, Appeal Opening Brief Due (Appellant) 8/4/2025, Appeal Answering Brief Due (Appellee) 9/3/2025. For appeal no. 25-3134, 3:24-cv-00045-MMD-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. [COURT UPDATE: updating schedule notice to reflect that United States is only appellee in this appeal of DE 130 on the district court docket]. [Entered: 05/15/2025 03:54 PM] [Edited: 05/16/2025 01:57 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-00045-MMD-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 25-3134 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: 05/15/2025 03:51 PM] |
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