9th Cir. 23-3581 Docket

Imperial Sovereign Court of the State of Montana v. Knudsen
U.S. Court of Appeals for the Ninth Circuit, No. 23-3581
Appealed from D. Mont. No. 2:23-cv-00050 

Argued May 14, 2024      AUDIO      VIDEO  
Panel: Circuit Judges Johnnie B. Rawlinson, Danielle J. Forrest, and Jennifer Sung

Date Filed # Docket Text
11/17/2023 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:23-cv-00050-BMM 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 23-3581 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. Counsel should consider contacting the court’s Appellate Mentoring Program for help with the brief and
argument. [Entered: 11/17/2023 02:12 PM]
11/17/2023 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Briefing will be set by future court order. See 9th Cir. R. 3-3 (regarding preliminary injunction appeals). [Entered: 11/17/2023 02:14 PM]
11/22/2023 3 ORDER FILED. The appeal filed November 13, 2023, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 will apply.
The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The opening brief and excerpts of record are due no later than December 11, 2023. The answering brief is due January 8, 2024, or 28 days after service of the opening brief, whichever is earlier. The optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [Entered: 11/22/2023 04:19 PM]
11/27/2023 4 ADDED Counsel for Appellant Alwyn Lansing, Counsel for Appellant Michael Noonan, Counsel for Appellant Michael Russell [Entered: 11/27/2023 12:33 PM]
11/27/2023 5 MEDIATION QUESTIONNAIRE filed by Appellant Austin Knudsen, Appellant Elsie Arntzen. To submit pertinent confidential information directly to the Circuit Mediators, please email ca09_mediation@ca9.uscourts.gov 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, nonlitigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 11/27/2023 03:39 PM]
11/28/2023 6 MEDIATION ORDER: By 12/06/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 11/28/2023 02:45 PM]
11/30/2023 7 MOTION to Extend Time to File Opening Brief filed by Appellant Austin Knudsen, Appellant Elsie Arntzen. [Entered: 11/30/2023 08:13 AM]
12/13/2023 8 RELEASED FROM MEDIATION. This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 12/13/2023 09:54 AM]
12/20/2023 9 ORDER FILED. Appellants’ motion (Docket Entry No. 7) for an extension of time to file the opening brief is granted.
The opening brief is due January 10, 2024. The answering brief is due February 9, 2024. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 12/20/2023 11:41 AM]
01/10/2024 10 OPENING BRIEF submitted for filing by Appellant Austin Knudsen, Appellant Elsie Arntzen. [Entered: 01/10/2024 09:02 PM]
01/10/2024 11 EXCERPTS OF RECORD submitted for filing by Appellant Austin Knudsen, Appellant Elsie Arntzen. [Entered: 01/10/2024 09:08 PM]
01/11/2024 12 ORDER FILED. Opening Brief submitted at DE 10 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 11 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. [Entered: 01/11/2024 11:36 AM]
01/16/2024 13 Paper copies (3) of Excerpts of Record in 3 Volumes and index volume submitted at DE 11 by Appellants received. [Entered: 01/17/2024 10:57 AM]
01/16/2024 14 Paper copies (6) of Opening Brief submitted at DE 10 by Appellants received. [Entered: 01/17/2024 11:00 AM]
02/09/2024 15 ANSWERING BRIEF submitted for filing by Appellee Imperial Sovereign Court of the State of Montana, Appellee Adria Jawort, Appellee Rachel Corcoran, Appellee Montana Book Company, Appellee Imagine Brewing Company, LLC, Appellee Bumblebee Aerial Fitness, Appellee Western Montana Community Center, Appellee Great Falls LGBTQ+ Center, Appellee Myrna Loy, Appellee Montana Pride, Appellee
Roxy Theater. [Entered: 02/09/2024 08:03 PM]
02/09/2024 16 EXCERPTS OF RECORD submitted for filing by Appellee Imperial Sovereign Court of the State of Montana, Appellee Adria Jawort, Appellee Rachel Corcoran, Appellee Montana Book Company, Appellee Imagine Brewing Company, LLC, Appellee Bumblebee Aerial Fitness, Appellee Western Montana Community Center, Appellee Great Falls LGBTQ+ Center, Appellee Myrna Loy, Appellee Montana Pride,
Appellee Roxy Theater. [Entered: 02/09/2024 08:09 PM]
02/12/2024 17 ORDER FILED. Answering Brief submitted at DE 15 by Appellees is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 16 by Appellees are filed. Within 7 days of this order, Appellees must file 3 copies of the
excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office. [Entered: 02/12/2024 03:45 PM]
02/14/2024 18 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for June 2024 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. 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 (http://www.ca9.uscourts.gov/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 (http://www.ca9.uscourts.gov/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. [23-3581] [Entered: 02/14/2024 03:41 PM]
02/15/2024 19 AMICUS BRIEF by government or with consent submitted for filing by American Civil Liberties Union & American Civil Liberties Union of Montana. [Entered: 02/15/2024 08:55 AM]
02/16/2024 20 AMICUS BRIEF by government or with consent submitted for filing by Amicus Curiae Actors’ Equity Association.–[COURT UPDATE: Attached corrected PDF] [Entered: 02/16/2024 10:11 AM] [Edited: 02/16/2024 03:09 PM]
02/16/2024 21 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 16 by Appellees received. [Entered: 02/16/2024 01:46 PM]
02/16/2024 22 Paper copies (6) of Answering Brief submitted at DE 15 by Appellees received. [Entered: 02/16/2024 01:48 PM]
02/16/2024 23 ADDED Amici Curiae American Civil Liberties Union, ACLU of Montana Foundation, Actors’ Equity Association; with Counsel Joshua A. Block, Megan Stater Shaw. [Entered: 02/16/2024 02:47 PM]
02/16/2024 24 ORDER FILED. Amicus Brief submitted at DE 19 by American Civil Liberties Union and ACLU of Montana Foundation is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 02/16/2024 03:04 PM]
02/16/2024 25 ORDER FILED. Amicus Brief submitted at DE 20 by Actors’ Equity Association is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 02/16/2024 03:13 PM]
02/22/2024 26 Paper copies (6) of Amicus Brief submitted at DE 19 by American Civil Liberties Union & American Civil Liberties Union of Montana received. [Entered: 02/22/2024 11:21 AM]
02/23/2024 27 Paper copies (6) of Amicus Brief submitted at DE 20 by Amicus Curiae Actors’ Equity Association received. [Entered: 02/23/2024 11:16 AM]
03/02/2024 28 REPLY BRIEF submitted for filing by Appellant Austin Knudsen, Appellant Elsie Arntzen. [Entered: 03/01/2024 05:47 PM]
03/04/2024 29 ORDER FILED. Reply Brief submitted at DE 28 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 03/04/2024 10:49 AM]
03/06/2024 30 Paper copies (6) of Reply Brief submitted at DE 28 by Appellants received. (sent to panel) [Entered: 03/06/2024 02:10 PM]
03/24/2024 31 NOTICE OF ORAL ARGUMENT on Tuesday, June 4, 2024 – 09:30 A.M. – PO 2nd Floor Ctrm – Scheduled Location: Portland OR
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. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. 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 a remote appearance that has been approved or directed by the panel. 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. [23-3581] [Entered: 03/24/2024 07:21 AM]
04/18/2024 32 DEFECTIVE — STATUS REPORT filed by Appellant Austin Knudsen. [Wrong filing type, correct entry is DE 33.] [Entered: 04/18/2024 01:41 PM] [Edited: 04/18/2024 02:23 PM]
04/18/2024 33 CITATION of Supplemental Authorities (28j Letter) filed by Appellant Austin Knudsen, Appellant Elsie Arntzen. [COURT ENTERED FILING to correct DE 32.] [Entered: 04/18/2024 02:22 PM]
04/19/2024 34 DEFECTIVE — CITATION of Supplemental Authorities (28j Letter) filed by Appellee Imperial Sovereign Court of the State of Montana, Appellee Adria Jawort, Appellee Rachel Corcoran, Appellee Montana Book Company, Appellee Imagine Brewing Company, LLC, Appellee Bumblebee Aerial Fitness, Appellee Western Montana Community Center, Appellee Great Falls LGBTQ+ Center, Appellee Myrna Loy, Appellee Montana Pride, Appellee Roxy Theater. [Wrong filing type, correct entry is DE 35.] [Entered: 04/19/2024 03:01 PM] [Edited: 04/19/2024 03:08 PM]
04/19/2024 35 RESPONSE to Citation of Supplemental Authorities (DE 33) filed by Appellee Imperial Sovereign Court of the State of Montana, Appellee Adria Jawort, Appellee Rachel Corcoran, Appellee Montana Book Company, Appellee Imagine Brewing Company, LLC, Appellee Bumblebee Aerial Fitness, Appellee Western Montana Community Center, Appellee Great Falls LGBTQ+ Center, Appellee Myrna Loy, Appellee Montana Pride, Appellee Roxy Theater. [COURT ENTERED FILING to correct DE 34.] [Entered: 04/19/2024 03:07 PM]
05/03/2024 36 ACKNOWLEDGMENT of hearing notice filed by Michael Russell for Appellant Austin Knudsen. Hearing in Portland – 2nd Floor Courtroom in Portland, on 6/4/2024 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: . Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 05/03/2024 01:16 PM]
05/03/2024 37 ACKNOWLEDGMENT of hearing notice filed by Constance Van Kley for Appellee Imperial Sovereign Court of the State of Montana, Appellee Adria Jawort, Appellee Rachel Corcoran, Appellee Montana Book Company, Appellee Imagine Brewing Company, LLC, Appellee Bumblebee Aerial Fitness, Appellee Western Montana Community Center, Appellee Great Falls LGBTQ+ Center, Appellee Myrna Loy, Appellee Montana Pride, Appellee Roxy Theater. Hearing in Portland – 2nd Floor Courtroom in Portland, on 6/4/2024 9:30:00 AM. Filer argument time: [-]. (Argument minutes: [-]). Special accommodations: . Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 05/03/2024 01:59 PM]

Last updated 06/05/2024
Reconciled with online docket 05/21/2024