9th Cir. 21-71312 Docket

In Re: State of Arizona
No. 21-71312, Case History (under construction)

Court: U.S. Court of Appeals for the Ninth Circuit
Panel: Judges Richard A. Paez, Richard R. Clifton, and Paul J. Watford

TRANSCRIPT Oral Argument, March 10, 2022, (filed in district court as Dkt 264 attachment)

Date Filed # Docket Text
10/04/2021 1 FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [12247286] (BY) [Entered: 10/05/2021 07:25 AM]
10/05/2021 2 Filed (ECF) UNDER SEAL Petitioners State of Arizona, Andy Tobin and Paul Shannon motion to file document under seal and submit sealed document. Type of document: other (Exhibits 1 & 7 to Petitioners’ Petition for Writ of Mandamus). Date of service: 10/05/2021. [12247890] [21-71312] (Berg, Timothy) [Entered: 10/05/2021 12:43 PM]
10/05/2021 3 Terminated Paul F. Eckstein and Austin C. Yost for Russell B. Toomey in 21-71312 (cleaning up representation) [12248126] (JBS) [Entered: 10/05/2021 02:24 PM]
10/13/2021 4 Filed (ECF) notice of appearance of Christine K. Wee (ACLU Foundation of Arizona, 3707 North 7th Street, Ste. 235, Phoenix, AZ 85014) for Real Party in Interest Russell B. Toomey. Date of service: 10/13/2021. (Party was previously proceeding with counsel.) [12256423] [21-71312] (Wee, Christine) [Entered: 10/13/2021 08:33 PM]
10/14/2021 5 Added Attorney(s) Christine K. Wee for party(s) Real Party in Interest Russell B. Toomey, in case 21-71312. [12256448] (DJV) [Entered: 10/14/2021 06:51 AM]
11/23/2021 6 Filed order (SANDRA S. IKUTA, JOHN B. OWENS and MARK J. BENNETT): This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days after the date of this order, real party in interest Russell B. Toomey shall file an answer. Petitioners may file a reply within 5 days after service of the answer. The petition, answer, and any reply shall be referred to the next available argument panel. Petitioners’ motion to submit sealed documents (Docket Entry No. [2]) is granted. The Clerk will maintain the motion to seal and Exhibits 1 and 7 to the mandamus petition (Docket Entry No. [2], Exh. 1 & 7) under seal. [12296516] (AF) [Entered: 11/23/2021 10:45 AM]
11/24/2021 7 Filed (ECF) Real Party in Interest Russell B. Toomey Unopposed Motion to extend time to comply with the order dated 11/23/2021. Date of service: 11/24/2021. [12298048] [21-71312] (Powell, Wesley) [Entered: 11/24/2021 02:59 PM]
11/29/2021 8 Filed clerk order (Deputy Clerk: JN): Real party in interest’s unopposed motion for an extension of time (Docket Entry No. [7]) is granted. The answer to the mandamus petition is due on December 14, 2021. Petitioners may file a reply within 5 days after service of the answer. [12300223] (AF) [Entered: 11/29/2021 03:27 PM]
12/01/2021 9

This case is being considered for an upcoming oral argument calendar in Phoenix.

 

Please review the Phoenix sitting dates for March 2022 at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.

 

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

 

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 letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). [12302339] (AML) [Entered: 12/01/2021 10:55 AM]
12/14/2021 10 Filed (ECF) Real Party in Interest Russell B. Toomey answer to Writ of Mandamus petition. Date of service: 12/14/2021. [12316094] [21-71312] (Wee, Christine) [Entered: 12/14/2021 07:41 PM]
12/20/2021 11 Filed (ECF) Petitioners Paul Shannon, State of Arizona and Andy Tobin reply to answer to Writ of Mandamus petition. Date of service: 12/20/2021. [12320780] [21-71312] (Berg, Timothy) [Entered: 12/20/2021 02:20 PM]
12/26/2021 12

Notice of Oral Argument on Thursday, March 10, 2022 – 09:30 A.M. – Ceremonial Ctrm Phoenix – Scheduled Location: Phoenix AZ.

The hearing time is the local time zone at the scheduled hearing location.

 

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 may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

 

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

 

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

 

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, March 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12324673]. [21-71312] (KS) [Entered: 12/26/2021 06:11 AM]
02/07/2022 13 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Timothy Berg for Petitioners Paul Shannon, State of Arizona and Andy Tobin. Hearing in Other (Phoenix, AZ) on 03/10/2022 at 09:30 A.M. (Courtroom: Ceremonial Courtroom Phoenix). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/07/2022. [12363213] [21-71312] (Berg, Timothy) [Entered: 02/07/2022 04:34 PM]
02/09/2022 14 Filed (ECF) Acknowledgment of hearing notice by Attorney Jordan Christopher Wall for Real Party in Interest Russell B. Toomey. Hearing in Other (Phoenix, AZ) on 03/10/2022 at 09:30 A.M. (Courtroom: Ceremonial Courtroom). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/09/2022. [12365224] [21-71312] (Wall, Jordan) [Entered: 02/09/2022 12:20 PM]
03/10/2022 15 ARGUED AND SUBMITTED TO RICHARD A. PAEZ, RICHARD R. CLIFTON and PAUL J. WATFORD. [12391621] (EJF) [Entered: 03/10/2022 12:37 PM]
04/14/2022 16 FILED MEMORANDUM DISPOSITION (RICHARD A. PAEZ, RICHARD R. CLIFTON and PAUL J. WATFORD) PETITION FOR A WRIT OF MANDAMUS DENIED. FILED AND ENTERED JUDGMENT. [12421183] (MM) [Entered: 04/14/2022 10:29 AM]

Last updated 05/02/2022
Reconciled with online docket 05/01/2022