Fair v. Baird, et al.
| EMANUEL D. FAIR, a political subdivision of the State of Washington |
| COUNTY OF KING, JEFF BAIRD, in his personal capacity, CITY OF REDMOND and BRIAN COATS, in his personal capacity |
| 25-3750 |
| June 13, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 82 STATUS REPORT filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 12/12/2025 03:44 PM] |
Filing 81
ORDER FILED. Plaintiff-Appellee Emanuel Fair filed a status report on December 9, 2025. Dkt. No. 77. Defendants-Appellants Jeff Baird and Brian Coats filed a response to the status report on December 11, 2025. Dkt. No. 78. Plaintiff-Appellee may file an optional reply in letter format within two (2) days after the date of this order. The reply shall not exceed two (2) pages. [25-3750, 25-3751] [Entered: 12/11/2025 02:49 PM]
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| Filing 80 ACKNOWLEDGMENT of hearing notice filed by Robert Christie for Appellant Brian Coats. Hearing in San Francisco - Courtroom 1 in San Francisco, on 1/8/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-3751, 25-3750] [Entered: 12/11/2025 11:59 AM] |
| Filing 79 ACKNOWLEDGMENT of hearing notice filed by Matthew J. Segal for Appellant Jeff Baird. Hearing in San Francisco - Courtroom 1 in San Francisco, on 1/8/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-3750, 25-3751] [Entered: 12/11/2025 11:21 AM] |
| Filing 78 STATUS REPORT filed by Appellant Brian Coats, Not Applicable Jeff Baird. [25-3751, 25-3750] [Entered: 12/11/2025 10:45 AM] |
| Filing 77 STATUS REPORT filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 12/09/2025 03:24 PM] |
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Filing 76
ORDER FILED. Defendants-Appellants Jeff Baird and Brian Coatss motion to stay district court proceedings is GRANTED with respect to the 42 U.S.C. 1983 claims brought against them. Dkt. No. 21. The four stay factors favor Defendants-Appellants. See Mi Familia Vota v. Fontes, 111 F.4th 976, 981 (9th Cir. 2024) (per curiam). Defendants-Appellants have made a strong showing that they are likely entitled to qualified immunity based on the existence of probable cause.1 Qualified immunity is an entitlement not to stand trial or face the other burdens of litigation, and such right is effectively lost if a case is erroneously permitted to go to trial. Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). If litigation of the 1983 claims is allowed to erroneously proceed, Defendants-Appellants will be irreparably harmed because they will forever lose their right to avoid trial and any remaining pre-trial litigation burdens. Finally, Plaintiff-Appellee Emanuel Fair will suffer no injury because his 1983 claims are likely barred by qualified immunity, and the public interest favors upholding Defendants-Appellants right to qualified immunity.[25-3750, 25-3751] [Entered: 12/04/2025 04:30 PM]
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| Filing 75 CLERK ACTION: Answering Brief submitted at DE 59 and Excerpts of Record in 2 Volumes submitted at DE 60 and 65 by Appellee Emanuel D. Fair are filed. Volume 2 filed UNDER SEAL. No paper copies are required. [25-3750, 25-3751] [Entered: 11/20/2025 03:42 PM] |
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Filing 74
ORDER FILED. On October 20, 2025, appellee submitted Volume 2 of the supplemental excerpts of record provisionally under seal, accompanied by a notice of intent to file that volume publicly pursuant to Ninth Circuit Rule 27-13(f). No other party has filed a motion to maintain that volume under seal. The Court has determined, however, that SER pages 210 and 219-220 should remain sealed. Consequently, the Clerk shall publicly file the answering brief and Volume 1 of the supplemental excerpts of record and shall file the unredacted Volume 2 under seal. Within 14 days from the date of this order, appellee shall submit for public filing a redacted Volume 2 that removes the three referenced pages. [25-3750, 25-3751] [Entered: 11/20/2025 02:41 PM]
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| Filing 73 CLERK ACTION: Reply Brief submitted at DE 71 by Appellant Jeff Baird is filed. No paper copies are required. [25-3750, 25-3751] [Entered: 11/12/2025 09:44 AM] |
| Filing 72 CLERK ACTION: Reply Brief submitted at DE 70 by Appellant Brian Coats is filed. No paper copies are required. [25-3750, 25-3751]--[COURT UPDATE: updated docket text to correct filer] [Entered: 11/12/2025 09:43 AM] [Edited: 11/24/2025 01:14 PM] |
| Filing 71 REPLY BRIEF submitted for filing by Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 11/10/2025 05:56 PM] |
| Filing 70 REPLY BRIEF submitted for filing by Appellant Brian Coats. [25-3751, 25-3750] [Entered: 11/10/2025 04:13 PM] |
| Filing 69 ADDED Counsel for Appellant Robert Christie [25-3750, 25-3751] [Entered: 10/31/2025 02:53 PM] |
| Filing 68 NOTICE OF APPEARANCE by Robert Christie for Appellant Brian Coats. [25-3751, 25-3750] [Entered: 10/31/2025 02:34 PM] |
| Filing 67 ACKNOWLEDGMENT of hearing notice filed by Corinne Sebren for Appellee Emanuel D. Fair. Hearing in San Francisco - Courtroom 1 in San Francisco, on 1/8/2026 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-3750, 25-3751] [Entered: 10/31/2025 12:02 PM] |
| Filing 66 NOTICE OF ORAL ARGUMENT on Thursday, January 8, 2026 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA 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. 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. [25-3750, 25-3751] [Entered: 10/26/2025 12:10 PM] |
| Filing 65 EXCERPTS OF RECORD Volume 2 UNDER SEAL submitted for filing by Appellee Emanuel D. Fair. [25-3750, 25-3751] (Court entered filing of sealed vol submitted at DE 62 in No. 25-3750) [Entered: 10/21/2025 04:56 PM] |
| Filing 64 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[Duplicate entry, correct entry is DE 59 in No. 25-3750] [Entered: 10/20/2025 06:15 PM] [Edited: 10/21/2025 04:53 PM] |
| Filing 63 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[Duplicate entry, correct entry is DE 60 in No. 25-3750] [Entered: 10/20/2025 06:10 PM] [Edited: 10/21/2025 04:53 PM] |
| Filing 62 DEFECTIVE --- NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[Duplicate entry, correct entry is DE 61 in No. 25-3750] [Entered: 10/20/2025 06:07 PM] [Edited: 10/21/2025 04:52 PM] |
| Filing 61 NOTICE of Intent to Unseal and Document Submitted Provisionally Under Seal filed by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[COURT UPDATE: Corrected PDFs attached as of 10/21/2025, REPLACING original attachments] [Entered: 10/20/2025 05:07 PM] [Edited: 10/21/2025 04:52 PM] |
| Filing 60 EXCERPTS OF RECORD submitted for filing by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[COURT UPDATE: Corrected PDF of Index Vol attached as of 10/21/2025, REPLACING original attachment] [Entered: 10/20/2025 05:05 PM] [Edited: 10/21/2025 04:50 PM] |
| Filing 59 ANSWERING BRIEF submitted for filing by Appellee Emanuel D. Fair. [25-3750, 25-3751]--[COURT UPDATE: Corrected PDF attached as of 10/21/2025, REPLACING original attachments] [Entered: 10/20/2025 05:03 PM] [Edited: 10/21/2025 04:49 PM] |
| Filing 58 Paper copies (6) of Opening Brief submitted at DE 29 by Appellant Jeff Baird received. [25-3750, 25-3751] [Entered: 10/20/2025 04:52 PM] |
| Filing 57 ADDED Counsel for Appellant Sarah Du, Counsel for Appellant Matthew J. Segal [25-3750, 25-3751] [Entered: 10/17/2025 10:32 AM] |
| Filing 56 NOTICE OF APPEARANCE by Sarah Du for Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 10/17/2025 10:16 AM] |
| Filing 55 NOTICE OF APPEARANCE by Matthew J. Segal for Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 10/17/2025 10:11 AM] |
| Filing 54 Paper copies (6) of Replacement Opening Brief submitted at DE 44 by Appellant Brian Coats received. [25-3750, 25-3751] [Entered: 10/15/2025 03:43 PM] |
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Filing 53
ORDER FILED. Opening Brief submitted at DE 29 by Appellant Jeff Baird is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with blue 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 DEs 34, 41 by Appellant Jeff Baird are filed. Volume 15 is filed UNDER SEAL. No paper copies of the excerpts are required at this time. [25-3750, 25-3751] [Entered: 10/14/2025 04:34 PM]
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Filing 52
ORDER FILED. Replacement Opening Brief submitted at DE 44 by Appellant Brian Coats is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with blue 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. [25-3750, 25-3751] [Entered: 10/14/2025 04:30 PM]
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Filing 51
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The opposed motion to file under seal Volume 15 of the excerpts of record of appellant Jeff Baird (Docket Entry No. 40) is granted, subject to reconsideration by the merits panel. The clerk will file publicly the motion to seal (Docket Entry No. 40.1), appellant Bairds opening brief (Docket Entry No. 29), and Volumes 1 through 14 of the excerpts of record (Docket Entry No. 34). The clerk will maintain under seal Volume 15 of the excerpts of record at Docket Entry No. 41. Appellant Brian Coats unopposed motion (Docket Entry No. 43) to file a replacement opening brief is granted. The clerk will strike the opening brief at Docket Entry No. 38 and file the replacement brief at Docket Entry No. 44. The existing briefing schedule remains in effect.[25-3750, 25-3751] [Entered: 10/14/2025 11:59 AM]
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| Filing 50 RESPONSE to notice of case being considered for oral argument filed by Carla Barbieri Carlstrom. [25-3750, 25-3751] [Entered: 10/10/2025 02:27 PM] |
| Filing 49 RESPONSE to notice of case being considered for oral argument filed by Corinne Sebren. [25-3751, 25-3750] [Entered: 10/10/2025 12:11 PM] |
| Filing 48 RESPONSE to notice of case being considered for oral argument filed by John Barry. [25-3751, 25-3750] [Entered: 10/10/2025 11:30 AM] |
| Filing 47 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for January 2026 and the subsequent sitting month in that location 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) within 3 business days of this notice 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. [25-3750, 25-3751] [Entered: 10/09/2025 12:42 PM] |
| Filing 46 REPLY to Response to Motion to File Document Under Seal (DE 45) filed by Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 10/06/2025 04:26 PM] |
| Filing 45 RESPONSE to Motion to File Document Under Seal and Sealed Document Submitted for Filing (DE 40) filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 10/02/2025 04:52 PM] |
| Filing 44 OPENING BRIEF submitted for filing by Appellant Brian Coats. [25-3751, 25-3750]--[COURT ENTERED FILING to correct DE 43] [Entered: 09/30/2025 11:27 AM] |
| Filing 43 MOTION to File Replacement Brief filed by Appellant Brian Coats. [25-3751, 25-3750]--[COURT UPDATE: Corrected PDF attached as of 9/30/2025, REPLACING original attachment (brief removed and resubmitted correctly at DE 44)] [Entered: 09/29/2025 03:56 PM] [Edited: 09/30/2025 11:31 AM] |
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Filing 42
ORDER FILED. Opening Brief submitted at DE 38 by Appellant Brian Coats is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with blue 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 39 by Appellant Brian Coats are filed. No paper copies of the excerpts are required at this time. [25-3750, 25-3751] [Entered: 09/26/2025 04:39 PM]
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| Filing 41 EXCERPTS OF RECORD Volume 15 submitted UNDER SEAL for filing by Appellant Jeff Baird. [25-3750, 25-3751] (Court entered filing of sealed vol submitted at DE 40 in 25-3750) [Entered: 09/26/2025 04:16 PM] |
| Filing 37 NOTICE of Withdrawal as Counsel filed by John Barry. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-3750, 25-3751] [Entered: 09/23/2025 12:31 PM] |
| Filing 40 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Jeff Baird. [25-3750, 25-3751] --[COURT ENTERED FILING to replace/correct DE 36] [COURT UPDATE: UNSEALED DE 40.1 per DE 51] [Entered: 09/26/2025 03:59 PM] [Edited: 10/14/2025 12:04 PM] |
| Filing 39 EXCERPTS OF RECORD submitted for filing by Appellant Brian Coats. [25-3751, 25-3750]--[COURT UPDATE: Entry backdated to reflect original date of submission] [Entered: 09/26/2025 11:25 AM] [Edited: 09/26/2025 04:04 PM] |
| Filing 38 STRICKEN PER DE 51: OPENING BRIEF submitted for filing by Appellant Brian Coats. [25-3751, 25-3750]--[COURT UPDATE: Entry backdated to reflect original date of submission] [Entered: 09/26/2025 11:21 AM] [Edited: 10/14/2025 12:08 PM] |
| Filing 36 DEFECTIVE --- NOTICE of Filing Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Jeff Baird. [25-3750, 25-3751] (Incorrect entry, see DE 40 in 25-3570) [Entered: 09/22/2025 05:24 PM] [Edited: 09/26/2025 04:01 PM] |
| Filing 35 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Not Applicable Brian Coats. [25-3750, 25-3751] (Duplicate of DE 39) [Entered: 09/22/2025 05:14 PM] [Edited: 09/26/2025 03:42 PM] |
| Filing 34 EXCERPTS OF RECORD submitted for filing by Appellant Jeff Baird. [25-3750, 25-3751]--[COURT UPDATE: Corrected PDFs attached as of 9/26/2025, REPLACING original attachments] [Entered: 09/22/2025 05:07 PM] [Edited: 09/26/2025 03:54 PM] |
| Filing 33 ADDED [25-3751, 25-3750] [Entered: 09/22/2025 05:02 PM] |
| Filing 32 NOTICE OF APPEARANCE by John Barry for Appellant Brian Coats. [25-3751, 25-3750] [Entered: 09/22/2025 04:59 PM] |
| Filing 31 DEFECTIVE --- OPENING BRIEF submitted for filing by Appellant Jeff Baird. [25-3750, 25-3751] (Duplicate of DE 38) [Entered: 09/22/2025 04:55 PM] [Edited: 09/26/2025 03:43 PM] |
| Filing 30 ADDED Counsel for Appellant John Barry [25-3750, 25-3751] [Entered: 09/22/2025 04:49 PM] |
| Filing 29 OPENING BRIEF submitted for filing by Appellant Jeff Baird. [25-3750, 25-3751]--[COURT UPDATE: Corrected PDF attached as of 9/26/2025, REPLACING original attachment] [Entered: 09/22/2025 04:48 PM] [Edited: 09/26/2025 03:35 PM] |
| Filing 28 NOTICE OF APPEARANCE by John Barry for Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 09/22/2025 04:44 PM] |
| Filing 27 RESPONSE to notice of case being considered for oral argument filed by Carla Barbieri Carlstrom. [25-3750, 25-3751] [Entered: 08/28/2025 03:03 PM] |
| Filing 26 TERMINATED participation of Appellant County of King. [25-3750, 25-3751] [Entered: 08/27/2025 02:21 PM] |
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Filing 25
ORDER FILED. Sidney R. THOMAS, Barry G. SILVERMAN, Mark J. BENNETT The motion (Docket Entry No. 14) to dismiss these appeals for lack of jurisdiction is denied without prejudice to renewing the arguments in the consolidated answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion (Docket Entry No. 21) to stay district court proceedings is referred to the panel that will be assigned to decide the merits of these appeals. We expedite these appeals. The opening briefs are due September 22, 2025. The consolidated answering brief is due October 20, 2025. The optional reply briefs are due 21 days after the consolidated answering brief is served. 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 these cases on the calendar for January 2026. See 9th Cir. Gen Ord. 3.3(f). The clerk will amend the caption to remove County of King as an appellant in Appeal No. 25-3750. The motions (Docket Entry Nos. 10, 11) for extensions of time to file the opening briefs are denied as moot. [25-3750, 25-3751] [Entered: 08/27/2025 02:16 PM]
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| Filing 24 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 23) filed by Appellant County of King, Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 08/14/2025 02:06 PM] |
| Filing 23 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 21) filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 08/07/2025 04:56 PM] |
| Filing 22 REPLY to Response to Motion to Dismiss (DE 19) filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 08/07/2025 04:49 PM] |
| Filing 21 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant County of King, Appellant Jeff Baird, Appellant Brian Coats. [COURT ENTERED FILING of request for stay at DE 19 in 25-3750.] [25-3750, 25-3751] [Entered: 08/01/2025 04:08 PM] |
| Filing 20 DEFECTIVE --- RESPONSE to Motion to Dismiss (DE 14) filed by Appellant Brian Coats. [Duplicate filing, correct entry is DE 19 in 25-3750.] [25-3751, 25-3750] [Entered: 08/01/2025 02:23 PM] |
| Filing 19 RESPONSE to Motion to Dismiss (DE 14) filed by Appellant County of King, Appellant Jeff Baird, Appellant Brian Coats. [COURT UPDATE: Edited docket text to reflect all party filers.] [25-3750, 25-3751] [Entered: 08/01/2025 01:19 PM] [Edited: 08/01/2025 03:00 PM] |
| Filing 18 ADDED Counsel for Appellee Erik Heipt, Counsel for Appellee Edwin Budge [25-3750, 25-3751] [Entered: 07/30/2025 11:12 AM] |
| Filing 17 NOTICE OF APPEARANCE by Erik Heipt for Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 07/30/2025 11:03 AM] |
| Filing 16 NOTICE OF APPEARANCE by Edwin Budge for Appellee Emanuel D. Fair. [25-3751, 25-3750] [Entered: 07/30/2025 11:00 AM] |
| Filing 15 NOTICE OF APPEARANCE by Edwin Budge for Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 07/30/2025 10:59 AM] |
| Filing 14 MOTION to Dismiss filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] --[COURT UPDATE: Attached correct PDF of motion (to correct typo on certificate of compliance).] [Entered: 07/22/2025 04:41 PM] [Edited: 07/23/2025 01:11 PM] |
| Filing 13 RESPONSE to Motion to Extend Time to File Brief (DE 11) filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 07/18/2025 04:40 PM] |
| Filing 12 RESPONSE to Motion to Extend Time to File Brief (DE 10) filed by Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 07/18/2025 04:34 PM] |
| Filing 11 MOTION to Extend Time to File Brief filed by Appellant County of King, Appellant Jeff Baird. [25-3750, 25-3751] [Entered: 07/17/2025 03:21 PM] |
| Filing 10 MOTION to Extend Time to File Brief filed by Appellant Brian Coats. [25-3751, 25-3750] [Entered: 07/17/2025 03:03 PM] |
| Filing 8 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [25-3750, 25-3751] [Entered: 07/10/2025 11:40 AM] |
| Filing 9 NOTICE OF APPEARANCE by Corinne Sebren for . [25-3751, 25-3750] [Entered: 07/09/2025 08:56 AM] |
| Filing 7 ADDED Counsel for Appellee Corinne Sebren [25-3750, 25-3751] [Entered: 07/09/2025 09:36 AM] |
| Filing 6 NOTICE OF APPEARANCE by Corinne Sebren for Appellee Emanuel D. Fair. [25-3750, 25-3751] [Entered: 07/09/2025 08:55 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 7/10/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [25-3750, 25-3751] [Entered: 06/25/2025 04:27 PM] |
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Filing 4
ORDER FILED. Appeal Nos. 25-3750 and 25-3751 are consolidated. The opening briefs are due July 25, 2025. The consolidated answering brief is due August 25, 2025. The optional reply briefs are due 21 days after the consolidated answering brief is served. In addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over appeal No. 25-3750 as to appellant County of King. See Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) ([M]unicipalities sued under 1983, unlike individuals, are not entitled to immunity, qualified or otherwise, and so, unlike individuals, can never be immune from trial. The denial of summary judgment to a municipal defendant on a Monell claim is therefore no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.). [25-3750, 25-3751] [Entered: 06/20/2025 12:26 PM]
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| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant County of King, Appellant Jeff Baird. 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: 06/18/2025 01:49 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 6/18/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 7/25/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 8/25/2025. For appeal no. 25-3750, 2:21-cv-01706-JHC. 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: 06/13/2025 03:41 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-01706-JHC 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 25-3750 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: 06/13/2025 03:38 PM] |
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