9th Cir. 20-72793 Docket

In re: Trump
No. 20-72793, Case History (under construction)

Court: U.S. Court of Appeals for the Ninth Circuit
Panel: Circuit Judges Richard R. Clifton, Consuelo M. Callahan, and Michelle T. Friedland

Date Filed # Docket Text
09/18/2020 1 FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [11829419] (JBS) [Entered: 09/18/2020 02:03 PM]
09/18/2020 2 Filed Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USDHS, USA and Chad F. Wolf motion to stay lower court action. Deficiencies: None. Served on 09/18/2020. [11829425] (JBS) [Entered: 09/18/2020 02:05 PM]
09/18/2020 3 Filed (ECF) notice of appearance of Chalia I. Stallings-Ala’ilima (Washington State Attorney General’s Office, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104) for Real Party in Interest State of Washington. Date of service: 09/18/2020. (Party was previously proceeding with counsel.) [11829612] [20-72793] (Stallings-Ala’ilima, Chalia) [Entered: 09/18/2020 03:11 PM]
09/18/2020 4 Added Attorney(s) Chalia Stallings-Ala’ilima for party(s) Real Party in Interest State of Washington, in case 20-72793. [11829619] (NAC) [Entered: 09/18/2020 03:17 PM]
09/21/2020 5 Filed (ECF) UNDER SEAL Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf notice of intent to unseal previously sealed material. Material: other (Page 243 of Addendum to the Petition for a Writ of Mandamus (Email to Robert Wilkie)). Date of service: 09/21/2020. [11830132] [20-72793] (Fan, Dennis) [Entered: 09/21/2020 08:13 AM]
09/21/2020 6 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens and Megan Winters Motion to extend time to file a response until 10/19/2020. Date of service: 09/21/2020. [11830271] [20-72793] (Patton, Stephen) [Entered: 09/21/2020 09:33 AM]
09/22/2020 7 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf response opposing motion ([6] Motion (ECF Filing), [6] Motion (ECF Filing) motion to extend time to file response). Date of service: 09/22/2020. [11832022] [20-72793] (Fan, Dennis) [Entered: 09/22/2020 06:00 AM]
09/22/2020 8 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, by October 7, 2020 the real parties in interest shall file an answer to the petition. The district court, by October 7, 2020 may address the petition if it so desires. The district court may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. Petitioners may file a reply by October 12, 2020. The motion of real parties in interest for an extension of the time for filing a response to petitioners’ motion for a stay (Docket Entry No. [6]) is granted in part. The response is due on October 12, 2020. The Clerk shall serve this order on the district court and District Judge Pechman. [11832683] (OC) [Entered: 09/22/2020 11:49 AM]
09/22/2020 9 Filed (ECF) notice of filing document ([5]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USDHS, USA and Chad F. Wolf. Date of service: 09/21/2020. (Court-entered filing) [11833336] (SML) [Entered: 09/22/2020 03:53 PM]
09/22/2020 10 Filed UNDER SEAL Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USDHS, USA and Chad F. Wolf Page 243 of Addendum to the Petition for a Writ of Mandamus (Email to Robert Wilkie).. Served on 09/21/2020 (Document previously submitted in [5]). [11833339] (SML) [Entered: 09/22/2020 03:54 PM]
09/22/2020 11 Received 4 paper copies of PETITION FOR WRIT OF MANDAMUS and ADDENDUM [1] filed by Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USDHS and USA. [11833355] (DB) [Entered: 09/22/2020 04:01 PM]
10/01/2020 12 Filed Respondent USDC-WAWSE letter dated 09/30/2020 re: The Court requests an additional six days to respond in order.. Paper filing deficiency: None. [11843345] (BY) [Entered: 10/01/2020 09:03 AM]
10/01/2020 13 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) In response to the district court’s letter of September 30, 2020, the district court is granted an extension of time through Monday, October 12, 2020, in which to file an answer to the petition for a writ of mandamus. [11844256] (OC) [Entered: 10/01/2020 02:46 PM]
10/05/2020 14 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf citation of supplemental authorities. Date of service: 10/05/2020. [11847609] [20-72793] (Cheung, Ashley) [Entered: 10/05/2020 01:56 PM]
10/07/2020 15 Filed (ECF) UNDER SEAL Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens, Megan Winters and State of Washington motion to file document under seal and submit sealed document. Type of document: other (Sealed Answer and Sealed Supplemental Addendum Volume II). Date of service: 10/07/2020. [11851627] [20-72793]–[COURT UPDATE: Updated entry to correctly reflect content of filing. 10/08/2020 by SML] (Patton, Stephen) [Entered: 10/07/2020 09:12 PM]
10/07/2020 16 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens, Megan Winters and State of Washington answer to Writ of Mandamus petition. Date of service: 10/07/2020. [11851628] [20-72793] (Patton, Stephen) [Entered: 10/07/2020 09:14 PM]
10/08/2020 17 Filed Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, State of Washington, Phillip Stephens and Megan Winters motion to file Answer to Writ of Mandamus petition and Volume II of the addendum of exhibits UNDER SEAL. Deficiencies: None. Served on 10/07/2020. (Court entered filing, motion previously submitted in [15]). [11852117] (SML) [Entered: 10/08/2020 10:52 AM]
10/08/2020 18 Filed UNDER SEAL Real Parties in Interest D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, State of Washington, Phillip Stephens and Megan Winters answer to Writ of Mandamus. Served on 10/07/2020. (Court entered filing, documents previously submitted in [15]). [11852182] (SML) [Entered: 10/08/2020 11:20 AM]
10/08/2020 19 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens and Megan Winters citation of supplemental authorities. Date of service: 10/08/2020. [11852579] [20-72793] (Patton, Stephen) [Entered: 10/08/2020 02:02 PM]
10/12/2020 20 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens, Megan Winters and State of Washington response opposing motion ([2] Party Motion). Date of service: 10/12/2020. [11855236] [20-72793] (Patton, Stephen) [Entered: 10/12/2020 03:25 PM]
10/12/2020 21 Filed Unitied States District Court’s response to Government’s Writ of Mandamus. [11855264] (HH) [Entered: 10/12/2020 05:24 PM]
10/12/2020 22 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf reply to answer to Writ of Mandamus petition. Date of service: 10/12/2020. [11855330] [20-72793] (Fan, Dennis) [Entered: 10/12/2020 10:54 PM]
10/13/2020 23 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, USA, U.S. Department of Defense, USDHS and Chad F. Wolf reply to response (). Date of service: 10/13/2020. [11855897] [20-72793] (Fan, Dennis) [Entered: 10/13/2020 10:36 AM]
10/13/2020 24 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) This petition and the motion for stay that accompanied the petition are consolidated with Trump v. U.S.D.C., No. 20-70365, for argument on Wednesday October 14, 2020 at 1:00 p.m. [11856757] [20-72793, 20-70365] (OC) [Entered: 10/13/2020 03:23 PM]
10/13/2020 25 Notice of Oral Argument on Wednesday, October 14, 2020 – 1:00 P.M. – Courtroom 1 – Scheduled Location: San Francisco 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 14, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11857074]. [20-72793] (AW) [Entered: 10/13/2020 04:38 PM]
10/14/2020 26 ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND. [11858662] [20-70365, 20-72793] (JRL) [Entered: 10/14/2020 02:28 PM]
10/14/2020 27 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/
[11861152] [20-70365, 20-72793] (TG) [Entered: 10/16/2020 08:31 AM]
11/11/2020 28 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf citation of supplemental authorities. Date of service: 11/11/2020. [11889289] [20-72793] (Fan, Dennis) [Entered: 11/11/2020 12:56 PM]
11/13/2020 29 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens and Megan Winters citation of supplemental authorities. Date of service: 11/13/2020. [11892781] [20-72793] (Patton, Stephen) [Entered: 11/13/2020 03:26 PM]
02/16/2021 34 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) In light of the President’s executive order Enabling All Qualified Americans to Serve Their Country in Uniform, Exec. Order No. 14,004, 86 Fed. Reg. 7471 (Jan. 28, 2021), the submission of these petitions for writs of mandamus is vacated. The parties are requested to file within 60 days of this order letters addressing the impact of the President’s executive order on this litigation and the need for the Court to address the petitions for mandamus. (COURT UPDATE: To apply 2/16/2021 order in companion case no. 20-72793; 4/20/2021 by WL) [12081056] (WL) [Entered: 04/20/2021 02:32 PM]
04/19/2021 30 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf Correspondence: Response to February 16, 2021 Order.. Date of service: 04/19/2021 [12079252] [20-72793] (Cheung, Ashley) [Entered: 04/19/2021 02:03 PM]
04/19/2021 31 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens and Megan Winters Correspondence: Response to February 16, 2021 Order. Date of service: 04/19/2021 [12079332] [20-72793] (Patton, Stephen) [Entered: 04/19/2021 02:32 PM]
04/20/2021 32 Terminated Jordan Heinz for Megan Winters, Phillip Stephens, State of Washington, Cathrine Schmid, Lindsey Muller, Terece Lewis, Ryan Karnoski, Human Rights Campaign, Gender Justice League, Jane Doe, D.L. and American Military Partner Association in 20-72793 (due to incorrect ECF account information; no longer with firm). [12080478] (SLM) [Entered: 04/20/2021 10:35 AM]
04/20/2021 33 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND): The parties are requested to file on or before June 25, 2021 letters addressing the status of the underlying litigation and the need for the court to address the petitions for mandamus. [12080757] [20-70365, 20-72793] (AF) [Entered: 04/20/2021 12:24 PM]
06/25/2021 35 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf Correspondence: status of litigation. Date of service: 06/25/2021 [12154246] [20-72793] (Cheung, Ashley) [Entered: 06/25/2021 09:18 AM]
06/25/2021 36 Filed (ECF) Real Parties in Interest American Military Partner Association, D.L., Jane Doe, Gender Justice League, Human Rights Campaign, Ryan Karnoski, Terece Lewis, Lindsey Muller, Cathrine Schmid, Phillip Stephens and Megan Winters Correspondence: Letter to Address the Impact of President Biden’s Executive Order No. 14,004, 86 Fed. Reg. 7471 (Jan. 28, 2021).. Date of service: 06/25/2021 [12154354] [20-72793] (Barsanti, Vanessa) [Entered: 06/25/2021 09:56 AM]
06/28/2021 37 Filed order (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) The parties are requested to file on or before August 27, 2021, letters addressing the status of the underlying litigation and the need for the court to address the petitions for mandamus. [12156096] [20-70365, 20-72793] (WL) [Entered: 06/28/2021 11:56 AM]
08/27/2021 38 Filed (ECF) Petitioners Doctor Mark T. Esper, Donald J. Trump, U.S. Department of Defense, USA, USDHS and Chad F. Wolf Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 08/27/2021. [12213348] [20-72793] (Cheung, Ashley) [Entered: 08/27/2021 10:14 AM]
08/31/2021 39 Order filed (RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and MICHELLE T. FRIEDLAND) The unopposed motion for voluntary dismissal (Docket Entry No. [12213344-2]) is granted. These petitions for writs of mandamus are dismissed. All attorneys’ fees, costs and other litigation expenses shall be allocated as agreed to by the parties in their separate agreement. [12217017] [20-70365, 20-72793] (WL) [Entered: 08/31/2021 03:43 PM]

Last updated 10/22/2021
Reconciled with online docket 10/02/2021