Roe, et al. v. Petersen, et al.
| HELEN ROE, a minor, by and through her parent and next friend Megan Roe, JAMES POE, a minor, by and through his parent and next friend Laura Poe and CARL VOE, a minor, by and hrough his parent and next friend Rachel Voe |
| SHEILA SJOLANDER, in her official capacity as State Registrar of Vital Records and Interim Director of the Arizona Department of Health Services and DEBORAH JOHNSTON, in her official capacity as State Registrar of Vital Records and Interim Director of the Arizona Department of Health Services |
| WARREN PETERSEN, President of the Arizona State Senate; Proposed Intervenor-Defendant and STEVE MONTENEGRO, Speaker of the Arizona House of Representatives; Proposed Intervenor-Defendant |
| CONSTITUTIONAL LAW SCHOLARS, IN CASE NOS. 25-6970 AND 25-6980, STATE OF CALIFORNIA, STATE OF WASHINGTON, STATE OF COLORADO, DISTRICT OF COLUMBIA, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MASSACHUSETTS, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW YORK, STATE OF OREGON, GLBTQ LEGAL ADVOCATES & DEFENDERS and LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. |
| 25-6980 |
| November 4, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on April 28, 2026. A more recent docket listing may be available from PACER.
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Filing 57
ORDER FOR PUBLICATION FILED. (Andrew D. HURWITZ, Roopali H. DESAI) SEE ORDER FOR FULL TEXT] The panel heard oral argument in this case on April 14, 2026. Our decision will issue in due course. In the interim, this order grants appellants motion for a stay pending appeal. Dkt. 4. [25-6970, 25-6980] [Entered: 04/28/2026 09:07 AM]
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Filing 56
ARGUED AND SUBMITTED to Susan P. GRABER, Andrew D. HURWITZ, Roopali H. DESAI. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [25-6970, 25-6980] [Entered: 04/14/2026 01:43 PM]
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Filing 55
ORDER FILED. Susan P. GRABER, Andrew D. HURWITZ, Roopali H. DESAI At oral argument on April 14, 2026, the parties should be prepared to address (1) whether A.R.S. 36-337(A)(4) allows a person to obtain a court order to amend the sex on their birth certificate without undergoing a sex change operation; and (2) whether this court should certify the question to the Arizona Supreme Court. [25-6970, 25-6980] [Entered: 04/09/2026 09:21 AM]
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Filing 54
CLERK ACTION: Reply Brief submitted at DE 53 by Appellant Deborah Johnston is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/27/2026 03:55 PM]
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Filing 53
REPLY BRIEF submitted for filing by Appellee Deborah Johnston. [25-6980, 25-6970] [Entered: 03/27/2026 03:47 PM]
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Filing 52
CLERK ACTION: Reply Brief submitted at DE 51 by Appellants Steve Montenegro and Warren Petersen is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/27/2026 02:24 PM]
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Filing 51
REPLY BRIEF submitted for filing by Appellant Warren Petersen, Appellant Steve Montenegro. [25-6980, 25-6970] [Entered: 03/27/2026 12:56 PM]
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Filing 50
CLERK ACTION: Amicus Brief submitted at DE 48 by GLBTQ Legal Advocates & Defenders; Lambda Legal Defense and Education Fund, Inc. is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/23/2026 09:18 AM]
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Filing 49
ADDED Amici Curiae GLBTQ Legal Advocates & Defenders and Lambda Legal Defense and Education Fund, Inc., with counsel Angela Wu. [25-6970, 25-6980] [Entered: 03/23/2026 09:16 AM]
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Filing 48
AMICUS BRIEF by government or with consent submitted for filing by GLBTQ Legal Advocates & Defenders; Lambda Legal Defense and Education Fund, Inc.. [25-6970, 25-6980] [Entered: 03/20/2026 04:33 PM] [Edited: 03/23/2026 09:17 AM]
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Filing 47
ACKNOWLEDGMENT of hearing notice filed by Nathan T. Arrowsmith for Appellee Deborah Johnston. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10 minutes). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-6980, 25-6970] [Entered: 03/20/2026 01:39 PM]
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Filing 46
ACKNOWLEDGMENT of hearing notice filed by Rachel H. Berg for Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 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. [COURT UPDATE: Edited docket text to remove incorrect hearing date/time.] [25-6970, 25-6980] [Entered: 03/20/2026 01:01 PM] [Edited: 03/20/2026 01:55 PM]
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Filing 45
ACKNOWLEDGMENT of hearing notice filed by Michael Martinich-Sauter for Appellant Warren Petersen, Appellant Steve Montenegro. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/14/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-6980, 25-6970] [Entered: 03/20/2026 12:42 PM]
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Filing 44
CLERK ACTION: Amicus Brief submitted at DE 40 by State of California, et al. is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/20/2026 12:05 PM]
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Filing 43
ADDED Amici Curiae State of California, State of Washington, State of Colorado, District of Columbia, State of Illinois, State of Maine, State of Massachusetts, State of Minnesota, State of Nevada, State of New York, and State of Oregon, with counsel Elia Herrera. [25-6970, 25-6980] [Entered: 03/20/2026 12:01 PM]
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Filing 42
NOTICE OF ORAL ARGUMENT on Tuesday, April 14, 2026 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ 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. [25-6970, 25-6980] [Entered: 03/20/2026 12:01 PM]
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Filing 41
DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by State of California, et al.. [25-6980, 25-6970]--[Duplicate entry, correct entry is DE 49 in No. 25-6970] [Entered: 03/20/2026 11:42 AM] [Edited: 03/20/2026 12:04 PM]
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Filing 40
AMICUS BRIEF by government or with consent submitted for filing by State of California, et al.. [25-6970, 25-6980] [Entered: 03/20/2026 11:39 AM]
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Filing 39
CLERK ACTION: Amicus Brief submitted at DE 37 by Constitutional Law Scholars is filed. No paper copies are required. [25-6970, 25-6980] [Entered: 03/18/2026 02:32 PM]
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Filing 38
ADDED Amicus Curiae Constitutional Law Scholars, in Case Nos. 25-6970 and 25-6980, with counsel Alice Yao. [25-6970, 25-6980] [Entered: 03/18/2026 02:30 PM]
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Filing 37
AMICUS BRIEF by government or with consent submitted for filing by CONSTITUTIONAL LAW SCHOLARS. [25-6980, 25-6970] [Entered: 03/18/2026 01:03 PM]
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Filing 36
CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 29, DE 31, DE 34 by Appellees are filed (ER Volumes 4 & 5 UNDER SEAL). No paper copies are required. [25-6970, 25-6980] [Entered: 03/16/2026 05:12 PM]
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Filing 35
TEXT CLERK ORDER. Appellee's motion to file under seal, is granted. [25-6970, 25-6980] [Entered: 03/16/2026 04:53 PM]
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Filing 33
ACKNOWLEDGMENT of hearing notice filed by Rachel H. Berg for Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 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. [COURT UPDATE: Updated docket text to reflect correct hearing date and time.] [25-6970, 25-6980] [Entered: 03/16/2026 07:56 AM] [Edited: 03/16/2026 08:41 AM]
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Filing 34
EXCERPTS OF RECORD Volumes 4 & 5 UNDER SEAL submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] (Court entered filing of sealed vols submitted at DE 41) [Entered: 03/16/2026 11:57 AM]
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Filing 32
MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] [Entered: 03/13/2026 05:14 PM]
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Filing 31
EXCERPTS OF RECORD submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980]--[COURT UPDATE: Attached Index Vol] [Entered: 03/13/2026 05:08 PM] [Edited: 03/16/2026 11:53 AM]
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Filing 30
DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980]--[Duplicate entry, correct entry is DE 40 in No. 25-6970] [Entered: 03/13/2026 05:00 PM] [Edited: 03/16/2026 11:53 AM]
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Filing 29
ANSWERING BRIEF submitted for filing by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [25-6970, 25-6980] [Entered: 03/13/2026 04:58 PM]
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Filing 28
ACKNOWLEDGMENT of hearing notice filed by Michael Martinich-Sauter for Appellant Warren Petersen, Appellant Steve Montenegro. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-6980, 25-6970] [Entered: 03/12/2026 02:12 PM]
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Filing 27
ACKNOWLEDGMENT of hearing notice filed by Nathan T. Arrowsmith for Appellant Deborah Johnston. Hearing in Phoenix - Ceremonial Courtroom in Phoenix, on 4/13/2026 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 10 minutes). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [COURT UPDATE: Updated docket text to reflect correct hearing date and time.] [25-6970, 25-6980] [Entered: 03/11/2026 01:07 PM] [Edited: 03/11/2026 01:24 PM]
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Filing 26
SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 4) filed by Appellant Deborah Johnston. [25-6970, 25-6980] [COURT UPDATE: Fixed docket text to add missing party and trailing case numbers.] [Entered: 03/03/2026 12:02 PM] [Edited: 03/04/2026 09:11 AM]
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Filing 25
ADDED Counsel for Appellee Kelly Jo Popkin [25-6970, 25-6980] [Entered: 02/17/2026 09:48 AM]
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Filing 24
NOTICE OF APPEARANCE by Kelly Jo Popkin for Appellee Carl Voe, Appellee Helen Roe, Appellee James Poe. [25-6970, 25-6980] [Entered: 02/17/2026 09:41 AM]
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Filing 23
CLERK ACTION: Opening Brief submitted at DE 20 and Excerpts of Record at DE 30 by Appellant Deborah Johnston are filed. No paper copies are required. [25-6970, 25-6980] [Entered: 02/13/2026 03:03 PM]
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Filing 22
CLERK ACTION: Opening Brief submitted at DE 18 and Excerpts of Record at DE 28 by Appellants Warren Petersen and Steve Montenegro are filed. No paper copies are required. [25-6970, 25-6980] [Entered: 02/13/2026 03:02 PM]
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Filing 21
EXCERPTS OF RECORD submitted for filing by Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/13/2026 02:39 PM]
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Filing 20
OPENING BRIEF submitted for filing by Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/13/2026 02:05 PM]
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Filing 19
EXCERPTS OF RECORD submitted for filing by Appellant Warren Petersen, Appellant Steve Montenegro. [25-6980, 25-6970] [Entered: 02/13/2026 01:52 PM]
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Filing 18
OPENING BRIEF submitted for filing by Appellant Warren Petersen, Appellant Steve Montenegro. [25-6980, 25-6970] [Entered: 02/13/2026 01:46 PM]
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Filing 17
ADDED Counsel for Appellant Timothy Edward Durkin Horley [25-6970, 25-6980] [Entered: 02/12/2026 12:56 PM]
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Filing 16
NOTICE OF APPEARANCE by Timothy Edward Durkin Horley for Appellant Deborah Johnston. [25-6970, 25-6980] [Entered: 02/12/2026 12:44 PM]
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Filing 15
NOTICE OF ORAL ARGUMENT on Monday, April 13, 2026 - 09:00 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ 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. [25-6970, 25-6980] [Entered: 02/08/2026 12:08 PM]
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Filing 14
NOTICE of Withdrawal as Counsel filed by Colin Matthew Proksel. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-6970, 25-6980] [Entered: 01/29/2026 10:55 AM]
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Filing 13
TERMINATED participation of Counsel for Appellee Colin Matthew Proksel, representing . [25-6970, 25-6980] [Entered: 01/29/2026 10:55 AM]
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Filing 12
NOTICE of Withdrawal as Counsel filed by Colin Matthew Proksel. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-6980, 25-6970] [Entered: 01/29/2026 10:52 AM]
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Filing 11
TERMINATED participation of Appellee Sheila Sjolander. [Entered: 01/28/2026 11:28 AM]
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Filing 10
ADDED Appellee Deborah Johnston [Entered: 01/28/2026 11:24 AM]
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Filing 9
ORDER FILED. The motion (Docket Entry No. 18 in 25-6970; Docket Entry No. 6 in 25-6980) to consolidate these appeals is granted. The orders (Docket Entry No. 16 in 25-6970; Docket Entry No. 8 in 25-6980) granting streamlined extensions of time to file a brief are vacated. To facilitate the placement of these appeals on the calendar for April 2026, the following briefing schedule will apply: The opening briefs are due February 13, 2026. The consolidated answering brief is due March 13, 2026. The optional reply briefs are due March 27, 2026. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). [25-6970, 25-6980] [Entered: 01/28/2026 10:55 AM]
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 2/23/2026, Answering Brief Due (Appellee) 3/25/2026. 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: 01/21/2026 04:26 PM]
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Filing 7
Streamlined Request for Extension of Time to File Brief filed by Appellant Warren Petersen, Appellant Steve Montenegro. [Entered: 01/21/2026 10:51 AM]
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Filing 6
MOTION to Consolidate filed by Appellee Helen Roe, Appellee James Poe, Appellee Carl Voe. [Entered: 01/16/2026 02:29 PM]
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Filing 5
ADDED Counsel for Appellee Kyle Wong [Entered: 01/16/2026 02:26 PM]
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Filing 4
NOTICE OF APPEARANCE by Kyle Wong for Appellee Carl Voe, Appellee Helen Roe, Appellee James Poe. [Entered: 01/16/2026 02:22 PM]
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Filing 3
MEDIATION QUESTIONNAIRE filed by Appellant Warren Petersen, Appellant Steve Montenegro. 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: 11/10/2025 01:03 PM]
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Filing 2
SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/10/2025, Appeal Transcript Order Due (Appellant) 11/13/2025, Appeal Transcript Due (Appellant) 12/15/2025, Appeal Opening Brief Due (Appellant) 1/22/2026, Appeal Answering Brief Due (Appellee) 2/23/2026. For appeal no. 25-6980, 4:20-cv-00484-JAS. 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: 11/04/2025 03:41 PM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 4:20-cv-00484-JAS 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 25-6980 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: 11/04/2025 03:39 PM]
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