Erwine v. Westbrook, et al.
| MICHAEL ERWINE |
| ZACHARY WESTBROOK, JOHN LEONARD, UNITED STATES OF AMERICA, MICHEL HALL, COUNTY OF CHURCHILL, GENE M. BURKE and BENJAMIN TROTTER |
| WASHOE TRIBE OF NEVADA AND CALIFORNIA |
| 25-3136 |
| May 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 30
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 29) granted. Amended briefing schedule: Optional Reply Brief 12/8/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 11/06/2025 12:28 PM]
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| Filing 29 Streamlined Request for Extension of Time to File Brief filed by Appellant Michael Erwine. [Entered: 11/06/2025 11:24 AM] |
| Filing 28 Paper copies (6) of Answering Brief submitted at DE 25 by Appellees received. [Entered: 10/27/2025 02:12 PM] |
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Filing 27
ORDER FILED. Answering Brief submitted at DE 25 by Appellees is filed. Appellees 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. The Excerpts of Record submitted at DE 26 by Appellees are filed. No paper copies of the excerpts are required at this time. [Entered: 10/20/2025 02:33 PM]
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| Filing 26 EXCERPTS OF RECORD submitted for filing by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 10/17/2025 11:40 PM] |
| Filing 25 ANSWERING BRIEF submitted for filing by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 10/17/2025 11:34 PM] |
| Filing 24 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 10/17/2025 11:32 PM] |
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Filing 23
ORDER FILED. The motion (Docket Entry No. 19) for an extension of time to file the answering brief is granted. The answering brief is due October 17, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 10/10/2025 04:41 PM]
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| Filing 22 CLERK ACTION: Amicus Brief submitted at DE 20 by The Washoe Tribe of Nevada and California is filed. No paper copies are required. [Entered: 10/10/2025 11:25 AM] |
| Filing 21 ADDED Amicus Curiae Washoe Tribe of Nevada and California. [Entered: 10/10/2025 11:20 AM] |
| Filing 20 AMICUS BRIEF by government or with consent submitted for filing by The Washoe Tribe of Nevada and California. [Entered: 10/08/2025 09:38 AM] |
| Filing 19 MOTION to Extend Time to File Brief filed by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 10/06/2025 03:26 PM] |
| Filing 18 TEXT ORDER FILED. The motion (Docket Entry No. 17) for an extension of time to file the answering brief is granted. The answering brief is due October 10, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 09/23/2025 01:39 PM] |
| Filing 17 MOTION to Extend Time to File Brief filed by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 09/22/2025 02:52 PM] |
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Filing 16
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 15) 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: 08/29/2025 03:54 PM]
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| Filing 15 Streamlined Request for Extension of Time to File Brief filed by Appellee Zachary Westbrook, Appellee John Leonard, Appellee Michel Hall, Appellee Gene M. Burke. [Entered: 08/29/2025 03:39 PM] |
| Filing 14 Paper copies (6) of Opening Brief submitted at DE 9 by Appellant Michael Erwine received. [Entered: 07/29/2025 03:16 PM] |
| Filing 13 Paper copies (3) of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 10 by Appellant Michael Erwine received. [Entered: 07/29/2025 03:09 PM] |
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Filing 12
ORDER FILED. Opening Brief submitted at DE 9 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 10 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: 07/24/2025 10:38 AM]
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| Filing 11 NOTICE of Transcript Designation filed by Appellant Michael Erwine. [Entered: 07/21/2025 05:21 PM] |
| Filing 10 EXCERPTS OF RECORD submitted for filing by Appellant Michael Erwine. [Entered: 07/21/2025 04:41 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Michael Erwine.--[COURT UPDATE: Corrected PDF attached as of 7/24/2025, REPLACING original attachment] [Entered: 07/21/2025 04:39 PM] [Edited: 07/24/2025 09:57 AM] |
| Filing 8 Attorney Leonard R. Powell as Counsel for Appellee substituted for Attorney Melanie Bernstein Chapman. [Entered: 07/16/2025 11:47 AM] |
| Filing 7 NOTICE OF APPEARANCE by Leonard R. Powell for Appellee Gene M. Burke, Appellee John Leonard, Appellee Michel Hall, Appellee Zachary Westbrook replacing Melanie Bernstein Chapman, Gene M. Burke. [Entered: 07/16/2025 09:51 AM] |
| 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 05:54 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. 25-3136, 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. [Entered: 05/15/2025 04:16 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 25-3136 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 04:08 PM] |
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