Benshoof, et al. v. Chin, et al.
| KURT BENSHOOF, BRETT FOUNTAIN and URVE MAGGITTI |
| ANDREA CHIN, ANTHONY BELGARD, DONOVAN BROUSSARD, NATHAN CLIBER, CATHERINE CORNWALL, GREGG CURTIS, JANE DOES, JENNY DURKAN, JOHN DUUS, NICHOLAS EVANS, PASCAL HERZER, RYAN ELLIS, MICHAEL FOX, TYLER GOSLIN, JULIE KLINE, ERNEST JENSEN, JONATHAN KIEHN, SPENCER KURZ, MAGALIE LERMAN, RICHARD LIMA, ADAM LOSLEBEN, YVES LUC, SARAH MACDONALD, JACOB MASTERSON, GRANT MAYER, STEVEN MITCHELL, JOHNATHAN MUSSEAU, BREHON NESS, LILIYA NESTERUK, STEPHEN OKRUHLICA, KATRINA OUTLAND, JESSICA OWEN, SARAH PENDLETON, DWAYNE PIRAK, BRIAN REES, JULIE SALLE, DANIEL SCHILLING, TY SELFRIDGE, NATHAN SHOPAY, STEVEN STONE, MICHAEL TRACY, MELANIE TRATNIK, TREVOR TYLER, SARAH TURNER, MICHAEL VIRGILIO, ANDREW WEST, CHAD ZENTNER, CITY OF SEATTLE, COUNTY OF KING and BLAIR RUSS, AT |
| 25-4669 |
| July 25, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on January 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 19 CLERK ACTION: Opening Brief submitted at DE 17 and Excerpts of Record at DE 18 by Appellants are filed. No paper copies are required. [Entered: 01/06/2026 01:13 PM] |
| Filing 18 EXCERPTS OF RECORD submitted for filing by Appellant Kurt Benshoof, Appellant Urve Maggitti.--[COURT ENTERED FILING to correct DE 17] [Entered: 01/06/2026 01:05 PM] |
| Filing 17 OPENING BRIEF submitted for filing by Appellants Urve Maggitti, Kurt Benshoof, and Brett Fountain.--[COURT UPDATE: Removed excerpts (resubmitted at DE 18); updated docket text to reflect all filing parties] [Entered: 01/05/2026 04:38 PM] [Edited: 01/06/2026 01:11 PM] |
| Filing 16 TEXT ORDER FILED. The motions (Docket Entry Nos. 14 & 15) for an extension of time to file the opening briefs are granted. The opening briefs are due January 5, 2026. The answering briefs are due February 4, 2026. The optional reply briefs are due 21 days after the last answering brief is served. [Entered: 11/14/2025 02:50 PM] |
| Filing 15 MOTION to Extend Time to File Brief filed by Appellant Urve Maggitti. [Entered: 11/01/2025 08:07 PM] |
| Filing 14 MOTION to Extend Time to File Brief filed by Appellant Kurt Benshoof, Appellant Brett Fountain. [Entered: 10/30/2025 08:06 AM] |
Filing 13
ORDER FILED. Appellants Kurt Benshoof and Brett Fountain have filed a signed copy of the notice of appeal in the district court. The August 21, 2025 order (Docket Entry No. 6) is therefore discharged. Appellants motion for an order directing the district court clerk to provide appellant Benshoof a copy of the record at public expense (Docket Entry No. 8) is denied. Benshoof may make this request directly with the district court. The district court docket does not reflect that Benshoof has filed a request for a copy of the record or that Benshoof was granted leave to proceed in forma pauperis in the district court, and he has not filed a financial affidavit in this court. See Fed. R. App. P. 30-1.7 ([t]he clerk of the district court shall, within 21 days from the receipt of the prisoners written request, forward to the prisoner copies of the documents comprising the Excerpts of Record . . . . If the prisoner was granted leave to proceed in forma pauperis at the district court or on appeal, the copies will be produced at no charge to the prisoner.). The motion (Docket Entry Nos. 9, 12) for an extension of time to file the opening brief is granted. The opening brief is due November 3, 2025. The answering brief is due December 3, 2025. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/23/2025 10:30 AM]
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| Filing 12 MOTION to Supplement or Correct Record filed by Appellant Urve Maggitti. [COURT ENTERED FILING to correct DE 10 & 11.] [Entered: 09/04/2025 08:29 AM] |
| Filing 11 DEFECTIVE---MOTION to Extend Time to File Brief filed by Appellant Urve Maggitti. [Wrong filing type used, correct entry is DE 12.] [Entered: 09/03/2025 04:34 PM] [Edited: 09/04/2025 08:30 AM] |
| Filing 10 DEFECTIVE---RESPONSE to Order - Call for Response to Filing (DE 6) filed by Appellant Urve Maggitti. [Wrong filing type used, correct entry is DE 12.] [Entered: 09/03/2025 04:31 PM] [Edited: 09/04/2025 08:30 AM] |
| Filing 7 Amended Notice of Appeal Received. [Entered: 08/29/2025 09:19 AM] |
| Filing 9 MOTION to Extend Time to File Brief filed by Appellant Kurt Benshoof. [Entered: 09/02/2025 01:15 PM] |
| Filing 8 MOTION for Miscellaneous Relief filed by Appellant Kurt Benshoof. [Entered: 09/02/2025 01:13 PM] |
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Filing 6
ORDER FILED. Appellants Kurt Benshoof and Brett Fountain did not sign the notice of appeal. See Fed. R. App. P. 3(c)(2) (notice of appeal considered filed on behalf of the signer); McKinney v. Debord, 507 F.2d 501 (9th Cir. 1974) (pro se appellant must personally sign notice of appeal); see also Becker v. Montgomery, 532 U.S. 757, 765 (2001) (pro se litigants failure to sign the notice of appeal is a non-jurisdictional, and therefore, curable defect). Within 21 days, appellants Benshoof and Fountain must each file a personally signed copy of the notice of appeal filed in the district court on July 21, 2025. If appellants do not do so, the court will dismiss this appeal as to appellants Benshoof and Fountain. See 9th Cir. R. 42-1. The clerk will send appellants a copy of the July 21, 2025 notice of appeal along with this order. The existing briefing schedule remains in effect. [Entered: 08/21/2025 03:11 PM] [Edited: 08/21/2025 03:16 PM]
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| Filing 5 TERMINATED participation of Counsel for Appellee Aric S. Bomsztyk, representing Appellee Jessica Owen. [counsel not registered for efiling; registered counsel for this party has entered an appearance] [Entered: 08/11/2025 11:33 AM] |
| Filing 4 ADDED Counsel for Appellee Blair Russ [Entered: 08/08/2025 01:08 PM] |
| Filing 3 NOTICE OF APPEARANCE by Blair Russ for Appellee Jessica Owen [updated docket to reflect only entering an appearance for Jessica Owens] [Entered: 08/08/2025 12:35 PM] [Edited: 08/08/2025 04:20 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 9/3/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 10/3/2025. For appeal no. 25-4669, 2:24-cv-00808-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: 07/25/2025 04:27 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00808-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 25-4669 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: 07/25/2025 04:24 PM] |
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