Vail, et al. v. Dunleavy, et al.
| RORY VAIL, JIM ADAMS, CHRISTOPHER NICKALASKEY, CLARENCE SHIRLEY, STEPHANIE OLRUN, NICK EPHAMKA, JR., ANTHONY GILLIAM, GAVIN CHRISTIANSEN, JEREMY WHITLOW and NAOMI HOLT, on behalf of themselves and all others similarly situated |
| MICHAEL DUNLEAVY, Governor of Alaska, JENNIFER WINKELMAN, Commissioner of the Alaska Department of Corrections and TRAVIS WELCH, Department of Corrections Director of Health and Rehabilitation Services, in their official capacities |
| 26-631 |
| February 2, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Prison Condition |
Docket Report
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| Filing 27 RESPONSE to notice of case being considered for oral argument filed by Laura Fox. [Entered: 07/29/2026 01:42 PM] |
| Filing 26 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for November 2026 and the subsequent sitting month in that location at #https://www.ca9.uscourts.gov/cases/calendar. 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 (#https://cdn.ca9.uscourts.gov/datastore/uploads/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 (#https://cdn.ca9.uscourts.gov/datastore/uploads/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. [26-631] [Entered: 07/29/2026 10:42 AM] |
| Filing 25 Attorney Laura Fox as Counsel for Appellant substituted for Attorney Jenna Lorence. [Entered: 07/28/2026 11:20 AM] |
| Filing 24 NOTICE OF APPEARANCE by Laura Fox for Appellant Michael Dunleavy replacing Jenna Lorence. [Entered: 07/28/2026 11:16 AM] |
Filing 23
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 22) granted. Amended briefing schedule: Optional Reply Brief due 09/11/2026. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/28/2026 09:08 AM]
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| Filing 22 Streamlined Request for Extension of Time to File Brief filed by Appellant Michael Dunleavy. [Entered: 07/27/2026 05:14 PM] |
| Filing 21 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 19, DE 20 by Appellees are filed. No paper copies are required. [Entered: 07/24/2026 10:28 AM] |
| Filing 20 EXCERPTS OF RECORD submitted for filing by Appellee Rory Vail, Appellee Jim Adams, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Stephanie Olrun, Appellee Nick Ephamka, Jr., Appellee Anthony Gilliam, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Naomi Holt. [Entered: 07/22/2026 01:25 PM] |
| Filing 19 ANSWERING BRIEF submitted for filing by Appellee Rory Vail, Appellee Jim Adams, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Stephanie Olrun, Appellee Nick Ephamka, Jr., Appellee Anthony Gilliam, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Naomi Holt. [Entered: 07/22/2026 01:23 PM] |
| Filing 18 ADDED Counsel for Appellee Nicholas C. Anway [Entered: 07/21/2026 02:50 PM] |
| Filing 17 NOTICE OF APPEARANCE by Nicholas C. Anway for Appellee Anthony Gilliam, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Jim Adams, Appellee Naomi Holt, Appellee Nick Ephamka, Jr., Appellee Rory Vail, Appellee Stephanie Olrun. [Entered: 07/21/2026 02:31 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) 7/22/2026. 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: 06/08/2026 02:07 PM]
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| Filing 15 Streamlined Request for Extension of Time to File Brief filed by Appellee Rory Vail, Appellee Jim Adams, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Stephanie Olrun, Appellee Nick Ephamka, Jr., Appellee Anthony Gilliam, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Naomi Holt. [Entered: 06/08/2026 10:04 AM] |
| Filing 14 NOTICE OF APPEARANCE by John A. Freedman for Appellee Anthony Gilliam, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Jim Adams, Appellee Naomi Holt, Appellee Nick Ephamka, Jr., Appellee Rory Vail, Appellee Stephanie Olrun. [Entered: 06/08/2026 10:02 AM] |
| Filing 13 CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 11, DE 12 by Appellant Michael Dunleavy are filed. No paper copies are required. [Entered: 05/26/2026 11:56 AM] |
| Filing 12 EXCERPTS OF RECORD submitted for filing by Appellant Michael Dunleavy. [Entered: 05/22/2026 06:23 PM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Michael Dunleavy. [Entered: 05/22/2026 06:21 PM] |
| Filing 10 ADDED Counsel for Appellant Abraham G. Kanter [Entered: 05/13/2026 10:52 AM] |
| Filing 9 NOTICE OF APPEARANCE by Abraham G. Kanter for Appellant Michael Dunleavy. [Entered: 05/13/2026 10:43 AM] |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Answering Brief Due (Appellee) 6/22/2026, Opening Brief Due (Appellant) 5/22/2026. 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: 04/02/2026 03:41 PM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Michael Dunleavy. [Entered: 04/02/2026 11:29 AM] |
| Filing 6 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. [Entered: 02/13/2026 01:22 PM] |
| Filing 5 TERMINATED participation of Counsel for Appellee Ruth Botstein, representing Appellee Anthony Gilliam, Appellee Christopher Nickalaskey, Appellee Clarence Shirley, Appellee Gavin Christiansen, Appellee Jeremy Whitlow, Appellee Jim Adams, Appellee Naomi Holt, Appellee Nick Ephamka, Jr., Appellee Rory Vail, Appellee Stephanie Olrun. [Entered: 02/11/2026 12:07 PM] |
| Filing 4 NOTICE of Withdrawal as Counsel filed by Ruth Botstein. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 02/11/2026 12:04 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Michael Dunleavy. 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: 02/09/2026 01:25 PM] |
| Filing 2 SCHEDULE NOTICE. Appeal Answering Brief Due (Appellee) 5/22/2026, Mediation Questionnaire due (Appellant) 2/9/2026, Appeal Opening Brief Due (Appellant) 4/22/2026, Appeal Transcript Due (Appellant) 3/13/2026, Appeal Transcript Order Due (Appellant) 2/11/2026. For appeal no. 26-631, 3:25-cv-00086-SAB. 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: 02/02/2026 12:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-00086-SAB 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 26-631 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: 02/02/2026 12:33 PM] |
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