9th Cir. 19-35019 Docket
Edmo v. Idaho Department of Correction
No. 19-35019, Case History (under construction)
Court: U.S. Court of Appeals for the Ninth Circuit
Panel: Circuit Judges M. Margaret McKeown and Ronald M. Gould; District Court Judge Robert S. Lasnik (W.D. Wash.)
| Date Filed | # | Docket Text |
| 01/10/2019 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11148069] (RT) [Entered: 01/10/2019 09:38 AM] |
| 01/10/2019 | 2 | Filed clerk order (Deputy Clerk: ME): The appeal filed January 9, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall 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 briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than February 6, 2019; the answering brief is due March 6, 2019 or 28 days after service of the opening brief, whichever is earlier; and 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. [11148440] (ME) [Entered: 01/10/2019 11:53 AM] |
| 01/14/2019 | 3 | Filed (ECF) Appellee Adree Edmo Mediation Questionnaire. Date of service: 01/14/2019. [11152176] [19-35019] (Shanbhag, Shaleen) [Entered: 01/14/2019 02:14 PM] |
| 01/14/2019 | 4 | Filed (ECF) Appellants Idaho Department of Corrections, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert Mediation Questionnaire. Date of service: 01/14/2019. [11152256] [19-35019] (Hall, Brady) [Entered: 01/14/2019 02:31 PM] |
| 01/14/2019 | 5 | The Mediation Questionnaire for this case was filed on 01/14/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. 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.[11152906] (AD) [Entered: 01/14/2019 06:44 PM] |
| 01/14/2019 | 6 | The Mediation Questionnaire for this case was filed on 01/14/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. 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.[11152909] (AD) [Entered: 01/14/2019 06:44 PM] |
| 01/15/2019 | 7 | MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/23/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients’ views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested… This communication should not be filed with the court… The existing briefing schedule remains in effect… [11154186] (LW) [Entered: 01/15/2019 03:32 PM] |
| 01/22/2019 | 8 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda Stipulated Motion to consolidate cases 19-35019 and 19-35017. Date of service: 01/22/2019. [11161869] [19-35019] (Hall, Brady) [Entered: 01/22/2019 03:05 PM] |
| 01/24/2019 | 9 | MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11164940] (LW) [Entered: 01/24/2019 10:57 AM] |
| 01/24/2019 | 10 | Filed clerk order (Deputy Clerk: TAH): The parties stipulated motions (Docket Entry No. [11163590-2] in No. 19-35017, Docket Entry No. [8] in No. 19-35019) to consolidate appeal Nos. 19-35017 and 19- 35019 are granted. The appellants’ opening briefs are due February 6, 2019. The appellee’s consolidated answering brief is due March 6, 2019 or within 28 days after service of the last-served opening brief, whichever is earlier. The appellants’ optional reply briefs are due within 21 days after service of the consolidated answering brief. [11165356] [19-35017, 19-35019] (AF) [Entered: 01/24/2019 01:37 PM] |
| 01/29/2019 | 11 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 Motion to extend time to file Opening brief until 03/06/2019. Date of service: 01/29/2019. [11171974] [19-35017, 19-35019] (Crecelius, Marisa) [Entered: 01/29/2019 04:52 PM] |
| 02/12/2019 | 12 | Filed clerk order (Deputy Clerk: TAH): The appellants’ joint motion (Docket Entry No. [11] ) for an extension of time in which to file the opening briefs is granted. The appellants’ opening briefs are due March 6, 2019. The appellee’s consolidated answering brief is due April 6, 2019 or within 28 days after service of the last-served opening brief, whichever is earlier. The appellants’ optional reply briefs are due within 21 days after service of the answering brief. [11187817] [19-35017, 19-35019] (JPD) [Entered: 02/12/2019 03:30 PM] |
| 03/06/2019 | 13 | Submitted (ECF) Opening Brief for review. Submitted by Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy, and Jeff Zumda, Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery, and Murray Young. Date of service: 03/06/2019. [11218341] [19-35019, 19-35017]–[COURT UPDATE: Attached corrected brief, updated docket text to reflect correct party filers. 03/08/2019 by LA] (Hall, Brady) [Entered: 03/06/2019 02:08 PM] |
| 03/06/2019 | 14 | Submitted (ECF) excerpts of record. Submitted by Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019, Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017. Date of service: 03/06/2019. [11218474] [19-35019, 19-35017]–[COURT UPDATE: Attached corrected excerpts. 03/08/2019 by LA] (Hall, Brady) [Entered: 03/06/2019 02:56 PM] |
| 03/06/2019 | 15 | Filed (ECF) presentence report UNDER SEAL by Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019, Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017. [11218479] [19-35019, 19-35017]–[COURT UPDATE: Attached corrected pdf, updated docket text to reflect all party filers. 03/08/2019 by LA] (Hall, Brady) [Entered: 03/06/2019 02:59 PM] |
| 03/06/2019 | 16 | Filed (ECF) UNDER SEAL Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017 motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 03/06/2019. [11218513] [19-35019, 19-35017]–[COURT UPDATE: Attached corrected pdfs. 03/08/2019 by LA] (Hall, Brady) [Entered: 03/06/2019 03:08 PM] |
| 03/08/2019 | 17 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 Joint Motion to stay lower court action. Date of service: 03/08/2019. [11221868] [19-35017, 19-35019] (Hall, Brady) [Entered: 03/08/2019 04:17 PM] |
| 03/11/2019 | 18 | Filed clerk order (Deputy Clerk: KAM): The court has received appellants’ urgent motion for a stay pending appeal. The opposition to the stay motion is due no later than 3 p.m. Pacific Daylight Time, March 15, 2019. The optional reply in support of the stay motion is due no later than 3 p.m. Pacific Daylight Time, March 18, 2019. The previously established briefing schedule remains in effect. [11222712] [19-35017, 19-35019] (AF) [Entered: 03/11/2019 11:40 AM] |
| 03/15/2019 | 19 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 response opposing motion ([17] Motion (ECF Filing), [17] Motion (ECF Filing)). Date of service: 03/15/2019. [11229859] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 03/15/2019 02:37 PM] |
| 03/18/2019 | 20 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017, Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 reply to response. Date of service: 03/18/2019. [11232270] [19-35017, 19-35019]–[COURT UPDATE: Edited docket text to reflect correct filing type. 03/19/2019 by RY] (Eaton, Dylan) [Entered: 03/18/2019 02:56 PM] |
| 03/20/2019 | 21 | Filed order (RICHARD C. TALLMAN and MARY H. MURGUIA): Appellants’ motion (Docket Entry No. [17] in No. 19-35017) to stay the district court’s December 13, 2018 order pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Appellants’ motion to file volume 18 of the excerpts of record under seal (Docket Entry No. [16] in No. 19-35017) is granted. See Interim 9th Cir. R. 27-13. The Clerk shall file volume 18 of the excerpts of record under seal, and shall file the consolidated opening brief at Docket Entry No. [13] in No. 19-35017 and volumes 1 through 17 of the excerpts of record publicly. The Clerk shall maintain the motion at Docket Entry No. [16] in No. 19-35017 under seal. Appellee’s request to expedite these appeals, contained in Docket Entry No. [19] in No. 19-35017, is granted. The consolidated answering brief is due April 3, 2019. The optional consolidated reply brief is due within 14 days of service of the answering brief. The Clerk shall place these cases on the May 2019 oral argument calendar. See 9th Cir. Gen. Ord. 3.3(g). [11236104] [19-35017, 19-35019] (AF) [Entered: 03/20/2019 02:29 PM] |
| 03/20/2019 | 22 | Submitted (ECF) UNDER SEAL excerpts of record Vol 18. Submitted by Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017. Date of service: 03/06/2019. (Court-entered filing, excerpts of record originally submitted in [16].) [11236121] [19-35017, 19-35019] (AF) [Entered: 03/20/2019 02:32 PM] |
| 03/20/2019 | 23 | Filed clerk order: The joint opening brief [13] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [14], [22] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11236300] [19-35017, 19-35019] (LA) [Entered: 03/20/2019 03:21 PM] |
| 03/22/2019 | 24 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 EMERGENCY Motion for miscellaneous relief [To Modify The Stay Order Pending Appeal (Action Is Necessary Before April 8, 2019)]. Date of service: 03/22/2019. [11239739] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 03/22/2019 03:46 PM] |
| 03/22/2019 | 25 | Filed clerk order: (Deputy Clerk: KM): The court has received appellee’s emergency motion at Docket Entry No. 22. The response to the emergency motion is due no later than 3 p.m. Pacific Time on Monday, March 25, 2019. The optional reply in support of the emergency motion is due no later than 3 p.m. Pacific Time on Tuesday, March 26, 2019. The previously established briefing schedule remains in effect. [11239945] [19-35017, 19-35019] (HH) [Entered: 03/22/2019 04:44 PM] |
| 03/25/2019 | 26 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017 response opposing motion ([24] Motion (ECF Filing), [24] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 03/25/2019. [11241291] [19-35017, 19-35019] (Eaton, Dylan) [Entered: 03/25/2019 02:42 PM] |
| 03/26/2019 | 27 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 reply to response (). Date of service: 03/26/2019. [11242810] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 03/26/2019 02:00 PM] |
| 03/26/2019 | 28 | Filed 4 paper copies of excerpts of record [14], [22] in 18 volumes (Volume 18 UNDER SEAL) filed by appellants. [11243262] [19-35017, 19-35019]–[Edited 03/28/2019 by LA (sent to panel)] (LA) [Entered: 03/26/2019 06:11 PM] |
| 03/26/2019 | 29 | Received 4 paper copies of presentence report UNDER SEAL [15] filed by appellants. [11243263] [19-35017, 19-35019]–[Edited 03/28/2019 by LA (sent to panel)] (LA) [Entered: 03/26/2019 06:12 PM] |
| 03/28/2019 | 30 |
Notice of Oral Argument on Thursday, May 16, 2019 – 09:30 A.M. – Courtroom 1 – San Francisco CA. View the Oral Argument Calendar for your case here. Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (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 21 days before Thursday, May 16, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11245036] (AW) [Entered: 03/28/2019 10:39 AM] |
| 03/28/2019 | 31 | Received 7 paper copies of Joint Opening Brief [13] filed by Appellants (sent to panel). [11245225] [19-35017, 19-35019] (DB) [Entered: 03/28/2019 11:56 AM] |
| 03/29/2019 | 32 | Filed order (RICHARD C. TALLMAN and MARY H. MURGUIA) Appellee’s motion for modification of the court’s March 20, 2019 order (Docket Entry No. [24] in No. 19-35017) is granted. This court’s stay of the district court’s December 13, 2018 order does not apply to or otherwise affect the already scheduled presurgical consultation. The consolidated opening brief has been filed. The consolidated answering brief remains due April 3, 2019. The optional consolidated reply brief is due within 14 days of service of the consolidated answering brief. [11247190] [19-35017, 19-35019] (JBS) [Entered: 03/29/2019 04:29 PM] |
| 04/03/2019 | 33 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 Urgent Motion for miscellaneous relief [Defendants-Appellants’ Joint Urgent Motion to Vacate District Court’s Order]. Date of service: 04/03/2019. [11252270] [19-35017, 19-35019] (Hall, Brady) [Entered: 04/03/2019 04:08 PM] |
| 04/03/2019 | 34 | Submitted (ECF) Answering Brief for review. Submitted by Appellee Adree Edmo in 19-35017, 19-35019. Date of service: 04/03/2019. [11252414] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 04/03/2019 07:26 PM] |
| 04/03/2019 | 35 | Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Adree Edmo in 19-35017, 19-35019. Date of service: 04/03/2019. [11252416] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 04/03/2019 07:30 PM] |
| 04/04/2019 | 36 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 response to motion ([33] Motion (ECF Filing), [33] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/03/2019. [11253056] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 04/04/2019 12:18 PM] |
| 04/04/2019 | 37 | Filed clerk order: The answering brief [34] submitted by Adree Edmo is filed. Appellee is ordered to file 7 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific time on Monday, April 8, 2019, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [35] submitted by Adree Edmo. Appellee is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific time on Monday, April 8, 2019. The paper copies shall be submitted to the principal office of the Clerk. [11253248] [19-35017, 19-35019] (LA) [Entered: 04/04/2019 01:59 PM] |
| 04/05/2019 | 38 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017, Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 reply to response (). Date of service: 04/05/2019. [11254060] [19-35017, 19-35019] (Hall, Brady) [Entered: 04/05/2019 09:38 AM] |
| 04/05/2019 | 39 | Filed clerk order (Deputy Clerk: AF): Defendants-Appellants’ Joint Urgent Motion to Vacate District Court’s Order (Dkt. [33]) will be considered under Federal Rule of Appellate Procedure 27 and not Ninth Circuit Rule 27-3(b) (governing urgent motions). Defendants have not presented a persuasive argument that they or this court will suffer irreparable harm if the motion is not considered on an urgent basis. See Ninth Cir. R. 27-3(b). This court regularly considers mootness arguments after full briefing and oral argument. See Rocky Mountain Famers Union v. Corey, 913 F.3d 940, 94951 (9th Cir. 2019) (considering mootness arguments after oral argument and vacating part of the district court’s judgment). And it is appropriate to do so here as well. Plaintiff-Appellee’s response to the merits of Defendants-Appellants’ motion is due on April 15, 2019. See Fed. R. App. P. 27(3). Any reply is due on April 22, 2019. See id. Both parties should be prepared to address the merits of Defendants-Appellants’ motion at oral argument. [11254913] [19-35017, 19-35019] (AF) [Entered: 04/05/2019 03:24 PM] |
| 04/08/2019 | 40 | Filed 4 paper copies of supplemental excerpts of record [35] in 2 volume(s) filed by Appellee Adree Edmo. (sent to panel) [11255905] [19-35017, 19-35019] (LA) [Entered: 04/08/2019 11:27 AM] |
| 04/08/2019 | 41 | Received 7 paper copies of Answering Brief [34] filed by Adree Edmo (sent to panel). [11256870] [19-35017, 19-35019] (DB) [Entered: 04/08/2019 04:33 PM] |
| 04/10/2019 | 42 | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Andrea Armstrong, Sharon Dolovich, Betsy Ginsberg, Michael B. Mushlin, Alexander A. Reinert, Laura Rovner, and Margo Schlanger. Date of service: 04/10/2019. [11259286] [19-35017, 19-35019]–[COURT UPDATE: Attached corrected PDFs. 04/10/2019 by LA] (Whitman, Molly) [Entered: 04/10/2019 11:52 AM] |
| 04/10/2019 | 43 | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Former Corrections Officials. Date of service: 04/10/2019. [11259305] [19-35017, 19-35019] (Little, Devon) [Entered: 04/10/2019 11:58 AM] |
| 04/10/2019 | 44 | Entered appearance of Amici Curiae – Pending Andrea Armstrong, et al. and Former Corrections Officials in 19-35017 and 19-35019. [11259342] [19-35017, 19-35019] (LA) [Entered: 04/10/2019 12:19 PM] |
| 04/10/2019 | 45 | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Medical and Mental Health Professional Organizations. Date of service: 04/10/2019. [11259777] [19-35017, 19-35019] (Rao, Devi) [Entered: 04/10/2019 03:14 PM] |
| 04/10/2019 | 46 | Entered appearance of Amicus Curiae – Pending Medical and Mental Health Professional Organizations in 19-35017 and 19-35019. [11259843] [19-35017, 19-35019] (LA) [Entered: 04/10/2019 03:35 PM] |
| 04/10/2019 | 47 | Filed (ECF) notice of appearance of David M. Shapiro for Amicus Curiae – Pending Andrea Armstrong in 19-35017, 19-35019. Date of service: 04/10/2019. (Party previously proceeding without counsel: No) [11259852] [19-35017, 19-35019] (Shapiro, David) [Entered: 04/10/2019 03:37 PM] |
| 04/10/2019 | 48 | Added attorney David M. Shapiro for Andrea Armstrong, in case 19-35017 and in case 19-35019. [11259867] [19-35017, 19-35019] (RR) [Entered: 04/10/2019 03:41 PM] |
| 04/10/2019 | 49 | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [51]. Original Text: Filed (ECF) Jody L. Herman Motion to become amicus curiae. Date of service: 04/10/2019. [11260046] [19-35017, 19-35019] (Hucek, Kristin) [Entered: 04/10/2019 04:40 PM] |
| 04/10/2019 | 50 | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by CIVIL RIGHTS & NON-PROFIT ORGANIZATIONS. Date of service: 04/10/2019. [11260092] [19-35017, 19-35019] (Schoenfeld, Alan) [Entered: 04/10/2019 05:11 PM] |
| 04/10/2019 | 51 | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Jody L. Herman. Date of service: 04/10/2019. [11260823] [19-35017, 19-35019]–[COURT ENTERED FILING to replace entry [49].] (LA) [Entered: 04/11/2019 12:34 PM] |
| 04/11/2019 | 52 | Entered appearance of Amici Curiae – Pending Civil Rights and Non-Profit Organizations and Jody L. Herman in 19-35017 and 19-35019. [11260857] [19-35017, 19-35019] (LA) [Entered: 04/11/2019 12:46 PM] |
| 04/11/2019 | 53 | Filed (ECF) notice of appearance of Sharif E. Jacob for Amicus Curiae – Pending Jody L. Herman in 19-35017, 19-35019. Date of service: 04/11/2019. (Party previously proceeding without counsel: No) [11260899] [19-35017, 19-35019] (Jacob, Sharif) [Entered: 04/11/2019 01:12 PM] |
| 04/11/2019 | 54 | Filed (ECF) notice of appearance of Ryan K.M. Wong for Amicus Curiae – Pending Jody L. Herman in 19-35017, 19-35019. Date of service: 04/11/2019. (Party previously proceeding without counsel: No) [11260905] [19-35017, 19-35019] (Wong, Ryan) [Entered: 04/11/2019 01:14 PM] |
| 04/11/2019 | 55 | Filed (ECF) notice of appearance of Patrick E. Murray for Amicus Curiae – Pending Jody L. Herman in 19-35017, 19-35019. Date of service: 04/11/2019. (Party previously proceeding without counsel: No) [11260914] [19-35017, 19-35019] (Murray, Patrick) [Entered: 04/11/2019 01:17 PM] |
| 04/11/2019 | 56 | Added attorney Patrick Eoghan Murray, Ryan Kuon Ming Wong, Sharif E. Jacob for Jody L. Herman, in case 19-35017 and case 19-35019. [11261433] [19-35017, 19-35019] (RR) [Entered: 04/11/2019 05:03 PM] |
| 04/12/2019 | 57 | Filed (ECF) notice of appearance of Andrea, Chinyere, Ezie for Amicus Curiae – Pending Civil Rights and Non-Profit Organizations in 19-35017, 19-35019. Date of service: 04/12/2019. (Party previously proceeding without counsel: No) [11261701] [19-35017, 19-35019] (Ezie, Andrea) [Entered: 04/12/2019 09:07 AM] |
| 04/12/2019 | 58 | Filed (ECF) notice of appearance of Richard Saenz for Amicus Curiae – Pending Civil Rights and Non-Profit Organizations in 19-35017, 19-35019. Date of service: 04/12/2019. (Party previously proceeding without counsel: No) [11261869] [19-35017, 19-35019] (Saenz, Richard) [Entered: 04/12/2019 10:30 AM] |
| 04/12/2019 | 59 | Added attorney Andrea Chinyere Ezie, Richard Saenz for Civil Rights and Non-Profit Organizations, in case 19-35017 and 19-35019. [11261922] [19-35017, 19-35019] (RR) [Entered: 04/12/2019 11:00 AM] |
| 04/12/2019 | 60 | Filed clerk order (Deputy Clerk: AF): Andrea Armstrong, Sharon Dolovich, Betsy Ginsberg, Michael B. Mushlin, Alexander A. Reinert, Laura Rovner, and Margo Schlanger’s motion for leave to file amicus curiae brief (Dkt. [42]) is GRANTED. The Clerk is directed to file the brief that was received on April 10, 2019. Former corrections officials Dan Pacholke, Richard Subia, Eldon Vail, and Jeanne Woodford’s motion for leave to file amicus curiae brief (Dkt. [43]) is GRANTED. The Clerk is directed to file the brief that was received on April 10, 2019. The medical and mental health professional organizations’ motion for leave to file amicus curiae brief (Dkt. [45]) is GRANTED. The Clerk is directed to file the brief that was received on April 10, 2019. Jody L. Herman’s motion for leave to file amicus curiae brief (Dkt. [51]) is GRANTED. The Clerk is directed to file the brief that was received on April 10, 2019. The civil rights and non-profit organizations’ motion for leave to file amicus curiae brief (Dkt. [50]) is GRANTED. The Clerk is directed to file the brief that was received on April 10, 2019. [11262197] [19-35017, 19-35019] (AF) [Entered: 04/12/2019 12:23 PM |
| 04/12/2019 | 61 | Filed (ECF) Amicus Curiae – Pending Civil Rights and Non-Profit Organizations in 19-35017, 19-35019 Motion to file oversized brief. Date of service: 04/12/2019. [11262206] [19-35017, 19-35019] (Schoenfeld, Alan) [Entered: 04/12/2019 12:27 PM] |
| 04/12/2019 | 62 | Filed clerk order: The amicus brief [42] submitted by Andrea Armstrong, Sharon Dolovich, Betsy Ginsberg, Michael B. Mushlin, Alexander A. Reinert, Laura Rovner, and Margo Schlanger is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11262431] [19-35017, 19-35019] (LA) [Entered: 04/12/2019 02:23 PM] |
| 04/12/2019 | 63 | Filed clerk order: The amicus brief [43] submitted by Former Corrections Officials is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11262452] [19-35017, 19-35019] (LA) [Entered: 04/12/2019 02:30 PM] |
| 04/12/2019 | 64 | Filed clerk order: The amicus brief [45] submitted by Medical and Mental Health Professional Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11262475] [19-35017, 19-35019] (LA) [Entered: 04/12/2019 02:35 PM] |
| 04/12/2019 | 65 | Filed clerk order: The amicus brief [51] submitted by Jody L. Herman is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11262482] [19-35017, 19-35019] (LA) [Entered: 04/12/2019 02:37 PM] |
| 04/15/2019 | 66 | Filed text clerk order (Deputy Clerk: AF): Civil Rights and Non-Profit Organizations’ motion to file an oversized brief (Docket Entry No. [61]) is granted. [11263072] [19-35017, 19-35019] (AF) [Entered: 04/15/2019 08:43 AM |
| 04/15/2019 | 67 | Filed (ECF) notice of appearance of Michael Posada for Amicus Curiae Civil Rights and Non-Profit Organizations in 19-35017, 19-35019. Date of service: 04/15/2019. (Party previously proceeding without counsel: No) [11263518] [19-35017, 19-35019] (Posada, Michael) [Entered: 04/15/2019 10:52 AM] |
| 04/15/2019 | 68 | Added attorney Michael Posada for Civil Rights and Non-Profit Organizations, in case 19-35017 and in case 19-35019. [11264518] [19-35017, 19-35019] (RR) [Entered: 04/15/2019 04:20 PM] |
| 04/15/2019 | 69 | Filed clerk order: The amicus brief [50] submitted by Civil Rights and Non-Profit Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11264558] [19-35017, 19-35019] (LA) [Entered: 04/15/2019 04:31 PM] |
| 04/15/2019 | 70 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 response opposing motion ([33] Motion (ECF Filing), [33] Motion (ECF Filing)). Date of service: 04/15/2019. [11264579] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 04/15/2019 04:41 PM] |
| 04/16/2019 | 71 | Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Lori Rifkin for Appellee Adree Edmo in 19-35017, 19-35019. Hearing in San Francisco on 05/16/2019 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/16/2019. [11265261] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 04/16/2019 10:23 AM] |
| 04/16/2019 | 72 | Received 7 paper copies of Amicus Brief [50] filed by Civil Rights and Non-Profit Organizations. (sent to panel) [11265845] [19-35017, 19-35019] (SD) [Entered: 04/16/2019 02:01 PM] |
| 04/16/2019 | 73 | Received 7 paper copies of Amicus Brief [45] filed by Medical and Mental Health Professional Organizations. (sent to panel) [11265862] [19-35017, 19-35019] (SD) [Entered: 04/16/2019 02:05 PM |
| 04/16/2019 | 74 | Received 7 paper copies of Amicus Brief [51] filed by Jody L. Herman. (sent to panel) [11265987] [19-35017, 19-35019] (SD) [Entered: 04/16/2019 02:50 PM] |
| 04/17/2019 | 75 | Received 7 paper copies of Amicus Brief [42] filed by Andrea Armstrong, Sharon Dolovich, Betsy Ginsberg, Michael B. Mushlin, Alexander A. Reinert, Laura Rovner, and Margo Schlanger. (sent to panel) [11267306] [19-35017, 19-35019] (SD) [Entered: 04/17/2019 01:57 PM] |
| 04/17/2019 | 76 | Submitted (ECF) Reply Brief for review. Submitted by Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017, Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019. Date of service: 04/17/2019. [11267998] [19-35017, 19-35019]–[COURT UPDATE: Attached corrected pdf. 04/18/2019 by LA] (Hall, Brady) [Entered: 04/17/2019 05:56 PM] |
| 04/18/2019 | 77 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 Motion to file oversized brief. Date of service: 04/18/2019. [11269211] [19-35017, 19-35019]–[COURT UPDATE: Attached corrected pdf (removed brief already submitted in [76]). 04/18/2019 by LA] (Hall, Brady) [Entered: 04/18/2019 03:33 PM] |
| 04/19/2019 | 78 | Filed text clerk order (Deputy Clerk: AF): Appellants’ motion to file an oversized brief (Docket Entry No. [77]) is granted. [11270259] [19-35017, 19-35019] (AF) [Entered: 04/19/2019 12:07 PM] |
| 04/19/2019 | 79 | Filed clerk order: The joint reply brief [76] submitted by appellants is filed. Appellants are ordered to file 7 copies of the brief in paper format for delivery to the Court by 12:00 p.m. Pacific time on Tuesday, April 23, 2019, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11270506] [19-35017, 19-35019] (LA) [Entered: 04/19/2019 01:55 PM] |
| 04/22/2019 | 80 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy, Idaho Department of Corrections and Jeff Zumda in 19-35019, Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017 reply to response (). Date of service: 04/22/2019. [11272725] [19-35019, 19-35017] (Hall, Brady) [Entered: 04/22/2019 04:14 PM] |
| 04/23/2019 | 81 | Received 7 paper copies of the Joint Reply Brief [76] filed by Appellants. [11273899] [19-35017, 19-35019] (Sent to Panel) (RG) [Entered: 04/23/2019 01:19 PM] |
| 04/24/2019 | 82 | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Brady J. Hall for Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019. Hearing in San Francisco on 05/16/2019 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/24/2019. [11274808] [19-35019, 19-35017] (Hall, Brady) [Entered: 04/24/2019 09:17 AM] |
| 04/24/2019 | 83 | Filed (ECF) Acknowledgment of hearing notice by Attorney Dylan A. Eaton for Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017. Hearing in San Francisco on 05/16/2019 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/24/2019. [11274889] [19-35017, 19-35019] (Eaton, Dylan) [Entered: 04/24/2019 09:44 AM] |
| 04/26/2019 | 84 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 Motion to supplement record on appeal. Date of service: 04/26/2019. [11279258] [19-35017, 19-35019] (Shanbhag, Shaleen) [Entered: 04/26/2019 03:30 PM] |
| 05/01/2019 | 85 | Received 7 paper copies of Amicus Brief [43] filed by Former Corrections Officials. (sent to panel) [11283294] [19-35017, 19-35019] (SD) [Entered: 05/01/2019 11:30 AM] |
| 05/06/2019 | 86 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 response opposing motion ([84] Motion (ECF Filing), [84] Motion (ECF Filing)). Date of service: 05/06/2019. [11288045] [19-35019, 19-35017] (Hall, Brady) [Entered: 05/06/2019 02:52 PM] |
| 05/07/2019 | 87 | Filed clerk order (Deputy Clerk: AF): Plaintiff-Appellee’s Motion to Supplement the Record and Request for Judicial Notice (Dkt. [84]) is DENIED as unnecessary. The district court record is before this court on appeal. Fed. R. App. P. 10(a); Ninth Cir. R. 10-2(b). [11289915] [19-35017, 19-35019] (AF) [Entered: 05/07/2019 04:16 PM] |
| 05/10/2019 | 88 | Filed clerk order (Deputy Clerk: SE): Mountain West News Bureau/ Boise State Public Radio applied to photograph with still camera and video/ audio record for later broadcast the case captioned above, scheduled to be heard on Thursday, May 16, 2019 at the James R. Browning Courthouse in San Francisco, CA. Mountain West News Bureau/ Boise State Public Radio’s request is GRANTED, with direction that the videographer/photographer remain in a stationary position. Mountain West News Bureau/ Boise State Public Radio has been designated by the court to serve as the pool for all applications that apply to photograph with still camera and/ or video audio record in this matter. [11293641] [19-35017, 19-35019] (AF) [Entered: 05/10/2019 02:25 PM] |
| 05/15/2019 | 89 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK): Counsel should be prepared to discuss at oral argument the impact on the parties if the court were to treat the October 2018 hearing as a final trial on the merits and the injunction as permanent. [11298463] [19-35017, 19-35019] (AF) [Entered: 05/15/2019 11:57 AM] |
| 05/16/2019 | 90 | ARGUED AND SUBMITTED TO M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK. [11299999] [19-35017, 19-35019] (SML) [Entered: 05/16/2019 11:59 AM] |
| 05/17/2019 | 91 | Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/ [11301314] [19-35017, 19-35019] (TG) [Entered: 05/17/2019 11:46 AM] |
| 05/30/2019 | 92 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) The Prison Litigation Reform Act (“PLRA”) requires a district court to make any order for “[p]reliminary injunctive relief . . . final” within “90 days after its entry.” 18 U.S.C. § 3626(a)(2). If a district court does not, the “[p]reliminary injunctive relief shall automatically expire.” Id.; see also Mayweathers v. Newland, 258 F.3d 930, 936 (9th Cir. 2001); United States v. Sec’y, Fla. Dep’t of Corr., 778 F.3d 1223, 1228–29 (11th Cir. 2015). Defendants-Appellants contend that the district court’s December 13, 2018 injunction automatically expired under this PLRA provision and, for that reason, the appeal is moot. We order a limited remand to the district court to address two issues relevant to mootness. See Friery v. L.A. Unified Sch. Dist., 448 F.3d 1146, 1150 (9th Cir. 2006) (limited remand appropriate to determine issues relevant to jurisdiction); Ciarpaglini v. Norwood, 817 F.3d 541, 548 (7th Cir. 2016) (limited remand appropriate to determine issues relevant to mootness)….. The district court is requested to promptly render its decision. Once the district court does so, the parties shall promptly notify the Clerk’s Office and indicate that “the cause will be resubmitted to this panel for review and final disposition.” Miller v. United Food & Commercial Workers Union, Local 498, AFL-CIO, 708 F.2d 467, 468 (9th Cir. 1983). This panel retains jurisdiction pending the limited remand. No party need file a new notice of appeal. See Mujica v. AirScan Inc., 771 F.3d 580, 589–90 (9th Cir. 2014). The injunction will remain stayed pending limited remand. The panel retains jurisdiction over this appeal, so no mandate shall issue as a consequence of this order. REMANDED. (SEE ORDER FOR FULL TEXT) [11313932] [19-35017, 19-35019] (WL) [Entered: 05/30/2019 02:35 PM] |
| 06/03/2019 | 93 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 response to Court order dated 05/30/2019. Date of service: 06/03/2019. [11316770] [19-35017, 19-35019] (Whelan, Amy) [Entered: 06/03/2019 09:36 AM] |
| 06/20/2019 | 94 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young Joint Motion to supplement record on appeal. Date of service: 06/20/2019. [11338734] [19-35017] –[COURT UPDATE: Spread to case 19-35019. 6/20/2019 by TYL] (Eaton, Dylan) [Entered: 06/20/2019 09:52 AM] |
| 07/01/2019 | 95 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 Motion to strike whole of Defendants-Appellants’ Joint Motion to Supplement the Record on Appeal, Motion for sanctions and Response opposing motion ([94] Motion (ECF Filing), [94] Motion (ECF Filing)). Date of service: 07/01/2019. [11350851] [19-35017, 19-35019] (Rifkin, Lori) [Entered: 07/01/2019 03:01 PM] |
| 07/08/2019 | 96 | Filed (ECF) Appellants Scott Eliason, Catherine Whinnery, Murray Young and Corizon, Inc. in 19-35017, Appellants Idaho Department of Corrections, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Rona Siegert and Richard Craig in 19-35019 reply to response (motion to strike portion or whole of document, motion for sanctions). Date of service: 07/08/2019. [11356929] [19-35017, 19-35019] (Eaton, Dylan) [Entered: 07/08/2019 03:29 PM] |
| 07/09/2019 | 97 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK): Defendant-Appellants’ Joint Motion to Supplement the Record on Appeal (Dkt. [94]) is GRANTED IN PART AND DENIED IN PART. The motion is granted with respect to Exhibit A, the transcript of the January 30, 2019 telephonic status conference, because that transcript is currently unavailable on the district court docket. See Dist. Ct. Dkt. 197. The motion is denied in all other respects as unnecessary. As explained in our May 7, 2019 order, the district court record is before this court on appeal. Fed. R. App. P. 10(a); Ninth Cir. R. 10-2(b). Plaintiff-Appellee’s Request to Strike and Impose Sanctions (Dkt. [95]) is DENIED. [11358078] [19-35017, 19-35019] (AF) [Entered: 07/09/2019 01:05 PM] |
| 08/23/2019 | 98 | FILED PER CURIAM OPINION (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) We accordingly DENY the State’s motion to dismiss and proceed to the merits of the appeal (SEE OPINION FOR FULL TEXT). Costs on appeal are awarded to Edmo. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. FILED AND ENTERED JUDGMENT. [11407843] [19-35017, 19-35019] (AKM) [Entered: 08/23/2019 07:45 AM] |
| 08/23/2019 | 99 | Howard Keith Yordy in 19-35017, 19-35019 substituted by Al Ramirez in 19-35017, 19-35019 [11408098] [19-35017, 19-35019] (RY) [Entered: 08/23/2019 09:52 AM] |
| 09/06/2019 | 100 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 bill of costs (Form 10) in the amount of 292.90 USD. Date of service: 09/06/2019 [11423211] [19-35017, 19-35019] (Shanbhag, Shaleen) [Entered: 09/06/2019 10:03 AM] |
| 09/06/2019 | 101 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017 petition for rehearing en banc (from 08/23/2019 opinion). Date of service: 09/06/2019. [11424097] [19-35017, 19-35019]–[COURT UPDATE: Attached searchable version of petition for rehearing en banc 09/06/2019 by RL]–[COURT UPDATE: Attached new searchable version of petition for rehearing en banc 09/09/2019 by RL] (Eaton, Dylan) [Entered: 09/06/2019 04:24 PM] |
| 09/09/2019 | 102 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) Appellee Adree Edmo is ordered to file a response to Appellants’ Petition for Rehearing En Banc. The response must be filed no later than twenty-one (21) days from the date of this order. [11425550] [19-35017, 19-35019] (WL) [Entered: 09/09/2019 03:07 PM] |
| 09/26/2019 | 103 | Filed (ECF) Appellee Adree Edmo in 19-35017 Motion to lift stay. Date of service: 09/26/2019. [11445297] [19-35017, 19-35019] (Shanbhag, Shaleen) [Entered: 09/26/2019 03:45 PM] |
| 09/30/2019 | 104 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 response to Order, Order, Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing). Date of service: 09/30/2019. [11449330]. [19-35017, 19-35019] (Rifkin, Lori) [Entered: 09/30/2019 05:26 PM] |
| 10/07/2019 | 105 | Filed (ECF) Appellants Corizon, Inc., Scott Eliason, Catherine Whinnery and Murray Young in 19-35017 response to motion ([103] Motion (ECF Filing), [103] Motion (ECF Filing) motion to lift stay of appellate proceedings). Date of service: 10/07/2019. [11457133] [19-35017, 19-35019] (Eaton, Dylan) [Entered: 10/07/2019 07:45 PM] |
| 10/10/2019 | 106 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK): We grant Plaintiff-Appellee’s motion (Docket Entry No. [103]) to partially lift the stay of the district court’s order requiring Defendants-Appellants to take all actions reasonably necessary to provide Plaintiff with gender confirmation surgery. Defendants, as the proponents of the stay, have not shown that “irreparable harm is probable” with respect to the limited nature of Plaintiff’s request and that they have both “a substantial case on the merits and that the balance of hardships tips sharply” in their favor. Leiva-Perez v. Holder, 640 F.3d 962, 970 (9th Cir. 2011) (per curiam). Accordingly, this court’s stay of the district court’s December 13, 2018 order is partially lifted so that Plaintiff may receive all presurgical treatments and related corollary appointments or consultations necessary for gender confirmation surgery. [11461237] [19-35017, 19-35019] (AF) [Entered: 10/10/2019 04:39 PM] |
| 02/10/2020 | 107 | Filed Order for PUBLICATION (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of nonrecused active judges in favor of en banc consideration. Fed R. App. P. 35. The petition for rehearing en banc is DENIED. An opinion respecting denial of rehearing en banc, prepared by Judge O’Scannlain, and dissents from denial of rehearing en banc prepared by Judge Collins and Judge Bumatay are filed concurrently with this order. [11590647] [19-35017, 19-35019] (AKM) [Entered: 02/10/2020 08:17 AM] |
| 02/13/2020 | 108 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Corrections, Rona Siegert, Howard Keith Yordy and Jeff Zumda in 19-35019 Motion to stay the mandate. Date of service: 02/13/2020. [11597067] [19-35017, 19-35019] (Hall, Brady) [Entered: 02/13/2020 03:51 PM] |
| 02/13/2020 | 109 | Filed (ECF) Appellee Adree Edmo in 19-35017, 19-35019 Motion for miscellaneous relief [Motion to Transfer Consideration of Attorneys’ Fees and Costs on Appeal to the District Court]. Date of service: 02/13/2020. [11597250] [19-35017, 19-35019] (Whelan, Amy) [Entered: 02/13/2020 04:40 PM] |
| 02/19/2020 | 110 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK): Appellants’ motion to stay the mandate pending filing of petition for writ of certiorari, (No. 19-35017, Dkt. [108]; No. 19-35019, Dkt. 108), is denied. [11601278] [19-35017, 19-35019] (AF) [Entered: 02/19/2020 09:27 AM] |
| 02/19/2020 | 111 | MANDATE ISSUED.(MMM, RMG and RSL) Costs taxed against Appellants in the amount of $292.90. [11601511] [19-35017, 19-35019] (RR) [Entered: 02/19/2020 10:59 AM] |
| 02/20/2020 | 112 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK): Appellee’s motion to transfer consideration of attorneys’ fees on appeal to the district court, (No. 19-35017, Dkt. [109]; No. 19-35019, Dkt. 109), is granted. [11603054] [19-35017, 19-35019] (AF) [Entered: 02/20/2020 11:07 AM] |
| 05/13/2020 | 113 | Supreme Court Case Info Case number: 19-1280 Filed on: 05/06/2020 Cert Petition Action 1: Pending [11689781] [19-35017, 19-35019] (RR) [Entered: 05/13/2020 01:28 PM] |
| 05/13/2020 | 114 | Terminated Marisa Swank Crecelius for Jeff Zumda, Howard Keith Yordy, Rona Siegert, Al Ramirez, Idaho Department of Corrections, Richard Craig and Henry Atencio in 19-35019 (due to incorrect ECF contact information) [11690262] [19-35017, 19-35019] (RY) [Entered: 05/13/2020 05:08 PM] |
| 05/21/2020 | 115 | Supreme Court Case Info Case number: 19-1280 Filed on: 05/06/2020 Cert Petition Action 1: Pending Notes: Stay denied 5/21/20 [11698640] [19-35019, 19-35017] (SVG) [Entered: 05/21/2020 08:19 PM] |
Last updated 09/04/2020
Reconciled with online docket 09/03/2020