Free Now Foundation, et al. v. Pan, et al.
Plaintiff: FREE NOW FOUNDATION and BRAVE AND FREE SANTA CRUZ
Defendant: ERICA PAN, In Her Official Capacity As Director Of The California Department Of Public Health, TOMAS J. ARAGON, GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, Principal COURTNEY JOHNSON and MONICA MORALES
Case Number: 26-1080
Filed: February 24, 2026
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Civil Rights
Docket Report

This docket was last retrieved on April 2, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2026 Opinion or Order Filing 16 ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 14) denied as unnecessary. It is unnecessary. The briefing schedule is stayed. [Entered: 04/02/2026 08:03 AM]
April 1, 2026 Opinion or Order Filing 15 ORDER FILED. John B. OWENS, Eric D. MILLER The motion (Docket Entry No. 4) for injunctive relief is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). The motion (Docket Entry No. 7) to stay appellate proceedings is granted. Proceedings are stayed pending resolution of appeal Nos. 25-2504, 25-4531, 25- 5239, and 25-6100. [Entered: 04/01/2026 01:08 PM]
April 1, 2026 Filing 14 Streamlined Request for Extension of Time to File Brief filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [Entered: 04/01/2026 10:36 AM]
March 25, 2026 Filing 13 REPLY to Response to Motion for Injunctive Relief (DE 11) filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [COURT ENTERED FILING to correct DE 12.] [Entered: 03/26/2026 01:25 PM]
March 25, 2026 Filing 12 DEFECTIVE --- REPLY BRIEF submitted for filing by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [Wrong filing type, correct entry is DE 13.] [Entered: 03/25/2026 03:43 PM] [Edited: 03/26/2026 01:26 PM]
March 19, 2026 Filing 11 RESPONSE to Motion for Injunctive Relief (DE 4) filed by Appellee Erica Pan. [Entered: 03/19/2026 04:37 PM]
March 18, 2026 Filing 10 REPLY to Response to Motion to Stay Proceedings in this Court (DE 8) filed by Appellee Erica Pan. [COURT ENTERED FILING to correct DE 9.] [Entered: 03/18/2026 04:31 PM]
March 18, 2026 Filing 9 DEFECTIVE --- REPLY BRIEF submitted for filing by Appellee Erica Pan. [Wrong filing type, correct entry is DE 10.] [Entered: 03/18/2026 04:00 PM] [Edited: 03/18/2026 04:31 PM]
March 11, 2026 Filing 8 RESPONSE to Motion to Stay Proceedings in this Court (DE 7) filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [Entered: 03/11/2026 11:27 AM]
March 10, 2026 Filing 7 MOTION to Stay Proceedings in this Court filed by Appellee Erica Pan. [Entered: 03/10/2026 07:39 PM]
March 9, 2026 Filing 6 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 03/09/2026 01:14 PM]
March 9, 2026 Filing 5 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [COURT UPDATE: Attached flattened PDF of Form 16.] [Entered: 03/09/2026 09:09 AM] [Edited: 03/09/2026 09:14 AM]
March 9, 2026 Filing 4 MOTION for Injunctive Relief filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [Entered: 03/09/2026 09:07 AM]
February 26, 2026 Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Free Now Foundation, Appellant Brave and Free Santa Cruz. [COURT UPDATE: Attached flattened PDF of mediation questionnaire.] 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: 02/26/2026 09:28 PM] [Edited: 02/27/2026 08:34 AM]
February 24, 2026 Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/6/2026, Mediation Questionnaire due (Appellant) 3/2/2026, Appeal Answering Brief (No Transcript Due) (Appellee) 5/5/2026. For appeal no. 26-1080, 2:24-cv-03523-DJC-SCR. 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: 02/24/2026 11:12 AM]
February 24, 2026 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-03523-DJC-SCR 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 26-1080 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: 02/24/2026 11:10 AM]

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Plaintiff: FREE NOW FOUNDATION
Represented By: Richard B. Fox
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Plaintiff: BRAVE AND FREE SANTA CRUZ
Represented By: Richard B. Fox
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Defendant: ERICA PAN, In Her Official Capacity As Director Of The California Department Of Public Health
Represented By: Katherine Jean Grainger
Represented By: Jacquelyn Young
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Defendant: TOMAS J. ARAGON
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Defendant: GAVIN NEWSOM, GOVERNOR OF CALIFORNIA
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Defendant: Principal COURTNEY JOHNSON
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Defendant: MONICA MORALES
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