9th Cir. 19-55517 Docket
E.J. D.-B. v. U.S. Department of State
No. 19-55517, Case History (under construction)
Court: U.S. Court of Appeals for the Ninth Circuit
Panel: Circuit Judges Andrew J. Kleinfeld (Senior Judge), Andrew D. Hurwitz, and Daniel A. Bress
Memorandum Disposition in favor of Plaintiffs-Appellees October 9, 2020
| Date Filed | # | Docket Text |
| 05/07/2019 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/14/2019. Transcript ordered by 06/05/2019. Transcript due 07/05/2019. Appellants Michael Pompeo and United States Department of State opening brief due 08/14/2019. Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 09/13/2019. Appellant’s optional reply brief is due 21 days after service of the answering brief. [11288947] (WL) [Entered: 05/07/2019 10:34 AM] |
| 05/07/2019 | 2 | Filed (ECF) notice of appearance of H. Thomas Byron III for Appellants DOS and Michael Pompeo. Substitution for Attorney Vinita Andrapalliyal for Appellants Michael Pompeo and DOS. Date of service: 05/07/2019. (Party previously proceeding without counsel: No) [11290041] [19-55517] (Byron, H. Thomas) [Entered: 05/07/2019 05:28 PM] |
| 05/08/2019 | 3 | Added attorney H. Thomas Byron III for Michael Pompeo DOS, in case 19-55517. [11291296] (RR) [Entered: 05/08/2019 04:19 PM] |
| 05/13/2019 | 4 | Filed (ECF) notice of appearance of Theodore Edelman for Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 05/13/2019. (Party previously proceeding without counsel: No) [11294917] [19-55517] (Edelman, Theodore) [Entered: 05/13/2019 12:01 PM] |
| 05/13/2019 | 5 | Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks Mediation Questionnaire. Date of service: 05/13/2019. [11295193] [19-55517] (Edelman, Theodore) [Entered: 05/13/2019 01:33 PM] |
| 05/13/2019 | 6 | Filed (ECF) Appellants DOS and Michael Pompeo Mediation Questionnaire. Date of service: 05/13/2019. [11295714] [19-55517] (Byron, H. Thomas) [Entered: 05/13/2019 03:40 PM] |
| 05/13/2019 | 7 | The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296015] (AD) [Entered: 05/13/2019 06:44 PM] |
| 05/13/2019 | 8 | The Mediation Questionnaire for this case was filed on 05/13/2019. 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.[11296025] (AD) [Entered: 05/13/2019 06:45 PM] |
| 06/03/2019 | 9 | MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 06/17/2019, 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… [11316804] (VS) [Entered: 06/03/2019 09:49 AM] |
| 06/24/2019 | 10 | MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11341609] (VS) [Entered: 06/24/2019 08:14 AM] |
| 07/11/2019 | 11 | Filed (ECF) notice of appearance of Daniel Winik (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Room 7245, Washington, D.C. 20530) for Appellants DOS and Michael Pompeo. Date of service: 07/11/2019. (Party previously proceeding without counsel: No) [11360455] [19-55517] (Winik, Daniel) [Entered: 07/11/2019 11:09 AM] |
| 07/11/2019 | 12 | Added Attorney(s) Daniel L. Winik for party(s) Appellant Michael Pompeo Appellant DOS, in case 19-55517. [11360655] (RR) [Entered: 07/11/2019 12:08 PM] |
| 08/01/2019 | 13 | Filed (ECF) Appellants DOS and Michael Pompeo Unopposed Motion to extend time to file Opening brief until 10/11/2019. Date of service: 08/01/2019. [11383902] [19-55517] (Winik, Daniel) [Entered: 08/01/2019 10:45 AM] |
| 08/01/2019 | 14 | Filed clerk order (Deputy Clerk: th): Granting Appellants’ Unopposed Motion [13] (ECF Filing) to extend time to file the opening brief. Appellants Michael Pompeo and United States Department of State opening brief due 10/11/2019. Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 11/12/2019. The optional reply brief is due 21 days after service of the answering brief. [11384050] (TH) [Entered: 08/01/2019 11:37 AM] |
| 10/11/2019 | 15 | Submitted (ECF) Opening Brief for review. Submitted by Appellants DOS and Michael Pompeo. Date of service: 10/11/2019. [11462377] [19-55517] (Winik, Daniel) [Entered: 10/11/2019 02:56 PM] |
| 10/11/2019 | 16 | Submitted (ECF) excerpts of record. Submitted by Appellants DOS and Michael Pompeo. Date of service: 10/11/2019. [11462418] [19-55517] (Winik, Daniel) [Entered: 10/11/2019 03:09 PM] |
| 10/11/2019 | 17 | Filed clerk order: The opening brief [15] and excerpts of record [16] submitted by Michael Pompeo and DOS are filed. No paper copies are required at this time. [11462735] (LA) [Entered: 10/11/2019 04:37 PM] |
| 10/23/2019 | 18 | Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. New requested due date is 12/12/2019. [11475305] [19-55517] (Lawson-Remer, Alexa) [Entered: 10/23/2019 03:56 PM] |
| 10/23/2019 | 19 | Streamlined request [18] by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks to extend time to file the brief is approved. Amended briefing schedule: Appellees E. J. D.-B. and Andrew Mason Dvash-Banks answering brief due 12/12/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11475403] (DLM) [Entered: 10/23/2019 04:31 PM] |
| 12/12/2019 | 20 | Submitted (ECF) Answering Brief for review. Submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 12/12/2019. [11530855] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 04:57 PM] |
| 12/12/2019 | 21 | Submitted (ECF) supplemental excerpts of record. Submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Date of service: 12/12/2019. [11530863] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 05:03 PM] |
| 12/12/2019 | 22 | Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks Motion to take judicial notice of briefs in prior appeals. Date of service: 12/12/2019. [11530882] [19-55517] (Lawson-Remer, Alexa) [Entered: 12/12/2019 05:19 PM] |
| 12/13/2019 | 23 | Filed clerk order: The answering brief [20] submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks is filed. The supplemental excerpts of record [21] submitted by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks are filed.The Court previously filed the opening brief [15] and excerpts of record [16] submitted by Appellants Michael Pompeo and DOS.Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court’s website at http://www.ca9.uscourts.gov/forms/form18.pdf.The covers of the opening brief must be blue. The covers of the answering brief must be red.Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11531708] (LA) [Entered: 12/13/2019 12:13 PM] |
| 12/16/2019 | 24 | Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants DOS and Michael Pompeo. New requested due date is 02/03/2020. [11532574] [19-55517] (Winik, Daniel) [Entered: 12/16/2019 05:28 AM] |
| 12/16/2019 | 25 | Streamlined request [24] by Appellants Michael Pompeo and DOS to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 02/03/2019. [11533884] (JN) [Entered: 12/16/2019 02:46 PM] |
| 12/18/2019 | 26 | Received 3 paper copies of excerpts of record [16] in 2 volume(s) filed by Appellants Michael Pompeo and DOS. [11537633] (LA) [Entered: 12/18/2019 03:49 PM] |
| 12/18/2019 | 27 | Received 6 paper copies of Opening Brief [15] filed by Appellants MIchael Pompeo and DOS. [11537803] (DB) [Entered: 12/18/2019 05:01 PM] |
| 12/19/2019 | 28 | Received 6 paper copies of Answering Brief [20] filed by E. J. D.-B. and Andrew Mason Dvash-Banks. [11538311] (SD) [Entered: 12/19/2019 10:42 AM] |
| 12/19/2019 | 29 | Received 3 paper copies of supplemental excerpts of record [21] in 1 volume(s) filed by Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. [11538650] (LA) [Entered: 12/19/2019 01:16 PM] |
| 12/19/2019 | 30 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GLBTQ Legal Advocates & Defender and The National Center for Lesbian Rights. Date of service: 12/19/2019. [11538906] [19-55517] (Schoenfeld, Alan) [Entered: 12/19/2019 03:31 PM] |
| 12/19/2019 | 31 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Family Law Professors. Date of service: 12/19/2019. [11538993] [19-55517] (Reich, Mitchell) [Entered: 12/19/2019 04:13 PM] |
| 12/23/2019 | 32 | Entered appearance of Amici Curiae GLBTQ Legal Advocates & Defenders, NCLR, and Family Law Professors. [11542328] (LA) [Entered: 12/23/2019 01:56 PM] |
| 12/23/2019 | 33 | Filed clerk order: The amicus brief [30] submitted by GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11542332] (LA) [Entered: 12/23/2019 01:57 PM] |
| 12/23/2019 | 34 | Filed clerk order: The amicus brief [31] submitted by Family Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11542335] (LA) [Entered: 12/23/2019 01:58 PM] |
| 12/26/2019 | 35 | Received 6 paper copies of Amicus Brief [30] filed by GLBTQ Legal Advocates & Defenders and NCLR. [11544442] (DB) [Entered: 12/26/2019 02:25 PM] |
| 12/27/2019 | 36 | Received 6 paper copies of Amicus Brief [31] filed by Family Law Professors. [11546631] (SD) [Entered: 12/30/2019 01:22 PM] |
| 02/03/2020 | 37 | Submitted (ECF) Reply Brief for review. Submitted by Appellants DOS and Michael Pompeo. Date of service: 02/03/2020. [11582547] [19-55517] (Winik, Daniel) [Entered: 02/03/2020 11:43 AM] |
| 02/03/2020 | 38 | Submitted (ECF) further excerpts of record. Submitted by Appellants DOS and Michael Pompeo. Date of service: 02/03/2020. [11582552] [19-55517] (Winik, Daniel) [Entered: 02/03/2020 11:46 AM] |
| 02/06/2020 | 39 | Filed clerk order: The reply brief [37] submitted by Michael Pompeo and DOS is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: gray. The further excerpts of record [38] submitted by Michael Pompeo and DOS are filed. Within 7 days of this order, filer is ordered to file 3 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. [11587714] (LA) [Entered: 02/06/2020 10:55 AM] |
| 02/07/2020 | 40 | Received 6 paper copies of Reply Brief [37] filed by Michael Pompeo and DOS. [11589886] (SD) [Entered: 02/07/2020 01:48 PM] |
| 02/07/2020 | 41 | Received 3 paper copies of further excerpts of record [38] in 1 volume(s) filed by Appellants Michael Pompeo and DOS. [11592362] (LA) [Entered: 02/10/2020 05:53 PM] |
| 05/19/2020 | 42 | Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks citation of supplemental authorities. Date of service: 05/19/2020. [11695416] [19-55517] (Edelman, Theodore) [Entered: 05/19/2020 11:44 AM] |
| 05/27/2020 | 43 | Filed (ECF) Appellants DOS and Michael Pompeo citation of supplemental authorities. Date of service: 05/27/2020. [11702741] [19-55517] (Winik, Daniel) [Entered: 05/27/2020 02:44 PM] |
| 06/18/2020 | 44 | Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks citation of supplemental authorities. Date of service: 06/18/2020. [11726441] [19-55517] (Edelman, Theodore) [Entered: 06/18/2020 02:50 PM] |
| 06/23/2020 | 45 |
This case is being considered for an upcoming oral argument calendar in Pasadena
Please review the Pasadena sitting dates for October 2020 and the 2 subsequent sitting months in that location 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).[11731512]. [19-55517] (AW) [Entered: 06/23/2020 08:41 PM] |
| 06/25/2020 | 46 | Filed (ECF) Attorney Mr. Theodore Edelman for Appellees E. J. D.-B. and Andrew Mason Dvash-Banks response to notice for case being considered for oral argument. Date of service: 06/25/2020. [11733949] [19-55517] (Edelman, Theodore) [Entered: 06/25/2020 03:13 PM] |
| 07/26/2020 | 47 |
Notice of Oral Argument on Wednesday, October 7, 2020 – 09:00 A.M. – Courtroom 3 – Scheduled Location: Pasadena CA.
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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.
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 21 days before Wednesday, October 7, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11766174]. [19-55517] (AW) [Entered: 07/26/2020 06:10 AM] |
| 07/27/2020 | 48 | Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel L. Winik for Appellants Michael Pompeo and DOS. Hearing in Pasadena on 10/07/2020 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/27/2020. [11766597] [19-55517] (Winik, Daniel) [Entered: 07/27/2020 09:17 AM] |
| 08/13/2020 | 49 | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Theodore Edelman for Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Hearing in Pasadena on 10/07/2020 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/13/2020. [11787796] [19-55517] (Edelman, Theodore) [Entered: 08/13/2020 11:31 AM] |
| 08/26/2020 | 50 | Notice of Oral Argument on Wednesday, October 7, 2020 – 1:00 P.M. – Courtroom 3 – Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.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 21 days before Wednesday, October 7, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11803025]. [19-55517] (AW) [Entered: 08/26/2020 08:39 AM] |
| 08/26/2020 | 51 | Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel L. Winik for Appellants Michael Pompeo and DOS. Hearing in Pasadena on 10/07/2020 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/26/2020. [11803048] [19-55517] (Winik, Daniel) [Entered: 08/26/2020 08:46 AM] |
| 08/26/2020 | 52 | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Theodore Edelman for Appellees E. J. D.-B. and Andrew Mason Dvash-Banks. Hearing in Pasadena on 10/07/2020 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/26/2020. [11804116] [19-55517] (Edelman, Theodore) [Entered: 08/26/2020 04:47 PM] |
| 08/31/2020 | 53 | Filed (ECF) Appellees E. J. D.-B. and Andrew Mason Dvash-Banks citation of supplemental authorities. Date of service: 08/31/2020. [11808365] [19-55517] (Edelman, Theodore) [Entered: 08/31/2020 03:55 PM] |
| 09/25/2020 | 54 | Filed clerk order (Deputy Clerk: AF): The panel unanimously finds this case suitable for decision without oral argument. This case shall be submitted on the briefs and record, without oral argument, on October 7, 2020, in Pasadena, California. Fed. R. App. P. 34(a)(2). [11837407] (AF) [Entered: 09/25/2020 02:41 PM] |
| 10/07/2020 | 55 | SUBMITTED ON THE BRIEFS TO ANDREW J. KLEINFELD, ANDREW D. HURWITZ and DANIEL A. BRESS. [11851040] (DLM) [Entered: 10/07/2020 01:56 PM] |
| 10/09/2020 | 56 | FILED MEMORANDUM DISPOSITION (ANDREW J. KLEINFELD, ANDREW D. HURWITZ and DANIEL A. BRESS) Appellees’ motion for judicial notice, Dkt. [22], is GRANTED. AFFIRMED. FILED AND ENTERED JUDGMENT. [11853550] (JN) [Entered: 10/09/2020 08:36 AM] |
| 11/18/2020 | 57 | Filed (ECF) Appellants DOS and Michael Pompeo Unopposed Motion to extend time to file petition for rehearing until 12/23/2020. Date of service: 11/18/2020. [11897218] [19-55517] (Winik, Daniel) [Entered: 11/18/2020 10:20 AM] |
| 11/19/2020 | 58 | Filed text clerk order (Deputy Clerk: AF): The appellant’s unopposed motion for extension of time to petition for rehearing en banc, Dkt. [57], is granted. [11899565] (AF) [Entered: 11/19/2020 01:50 PM] |
| 12/23/2020 | 59 | Filed (ECF) Appellants DOS and Michael Pompeo petition for rehearing en banc (from 10/09/2020 memorandum). Date of service: 12/23/2020. [11938216] [19-55517] (Winik, Daniel) [Entered: 12/23/2020 11:48 AM] |
| 01/15/2021 | 60 | Filed order (ANDREW J. KLEINFELD, ANDREW D. HURWITZ and DANIEL A. BRESS): Judges Hurwitz and Bress voted to deny the petition for rehearing en banc, and Judge Kleinfeld so recommended. The petition for rehearing en banc was circulated to the judges of the Court, and no judge requested a vote for en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. [11965557] (AF) [Entered: 01/15/2021 11:22 AM] |
| 01/25/2021 | 61 | MANDATE ISSUED.(AJK, ADH and DAB) [11979383] (RR) [Entered: 01/25/2021 09:20 AM] |
Last updated 04/03/2021
Reconciled with online docket 04/02/2021