9th Cir. 22-35876 Docket
Edmo v. Corizon
U.S. Court of Appeals for the Ninth Circuit, No. 22-35876
Appealed from D. Idaho 1:17-cv-00151
Argued March 5, 2024 AUDIO VIDEO
Panel: Circuit Judges M. Margaret McKeown and Ronald M. Gould, and District Judge Robert S. Lasnik
| Date Filed | # | Docket Text |
| 11/03/2022 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Mediation Questionnaire due on 11/10/2022. Transcript ordered by 12/02/2022. Transcript due 01/03/2023. Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda opening brief due 02/09/2023. Appellee Adree Edmo answering brief due 03/13/2023. Appellant’s optional reply brief is due 21 days after service of the answering brief. [12579509] (RT) [Entered: 11/03/2022 11:46 AM] |
| 11/03/2022 | 2 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Julie Wilensky for Appellee Adree Edmo. Party proceeding without counsel: No. Date of service: 11/03/2022. [12579586] [22-35876] (Wilensky, Julie) [Entered: 11/03/2022 12:41 PM] |
| 11/03/2022 | 3 | Terminated Julie Wilensky for Adree Edmo in 22-35876 [12579588] (QDL) [Entered: 11/03/2022 12:43 PM] |
| 11/10/2022 | 4 | Filed (ECF) Appellants Idaho Department of Correction, Henry Atencio, Richard Craig, Rona Siegert, Howard Keith Yordy and Jeff Zumda Mediation Questionnaire. Date of service: 11/10/2022. [12584996] [22-35876] (Kraft, Steven) [Entered: 11/10/2022 02:01 PM] |
| 11/10/2022 | 5 | Filed (ECF) Appellants Scott Eliason and Corizon, Inc. Mediation Questionnaire. Date of service: 11/10/2022. [12585033] [22-35876] (Eaton, Dylan) [Entered: 11/10/2022 02:18 PM] |
| 11/10/2022 | 6 | The Mediation Questionnaire for this case was filed on 11/10/2022. 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.[12585438]. [22-35876] (AD) [Entered: 11/10/2022 06:44 PM] |
| 11/10/2022 | 7 | The Mediation Questionnaire for this case was filed on 11/10/2022. 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.[12585439]. [22-35876] (AD) [Entered: 11/10/2022 06:44 PM] |
| 11/16/2022 | 8 | MEDIATION CONFERENCE SCHEDULED – DIAL-IN Assessment Conference, 11/29/2022, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12588527] (CL) [Entered: 11/16/2022 09:44 AM] |
| 12/06/2022 | 9 | Filed order MEDIATION (SL): A video mediation will be held on January 12, 2023, at 1:30 p.m., Pacific Time. Counsel will receive an email from the Mediation Office in advance with instructions for participating in the conference. Mediation statements no longer than 15 pages shall be submitted to the Circuit Mediator via e-mail [Stephen_Liacouras@ca9.uscourts.gov] on or before January 06, 2023 by 12:00 p.m. (Noon). Mediation statements shall be double-spaced, and may contain brief statements of the following: (a) factual and procedural background; (b) legal issues and arguments related to this dispute; (c) past settlement discussions; (d) your client’s goals and interests; (e) perceived goals and interests of the opposing party; (f) obstacles to settlement and proposals for overcoming them; and (g) adverse consequences for each party if the case is not resolved through settlement. Sections (a), (b), and (c) shall be served on counsel for the opposing party on the same date they are submitted to the undersigned. Sections (d), (e), (f) and (g) shall be submitted only to the undersigned and shall not be served on the opposing party. Mediation statements shall not be filed with the court. Counsel may also identify any documents filed with the district court that they wish the Circuit Mediator to review prior to the mediation. Mediation statements shall provide the names and representative capacities of those who will participate in the mediation. The confidentiality rules set out in the attached document cover all mediation communication, both oral and written. Counsel must review and provide a copy of the Confidentiality Rules to all mediation participants. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: http://www.ca9.uscourts.gov/mediation. (SEE ORDER FOR FULL TEXT) [12603723] (JMR) [Entered: 12/06/2022 03:05 PM] |
| 01/13/2023 | 10 | MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12629905] (VS) [Entered: 01/13/2023 09:03 AM] |
| 02/06/2023 | 11 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Shaleen Shanbhag, Esquire for Appellee Adree Edmo. Party proceeding without counsel: No. Date of service: 02/06/2023. [12646550] [22-35876] (Shanbhag, Shaleen) [Entered: 02/06/2023 08:56 AM] |
| 02/06/2023 | 12 | Terminated Shaleen Shanbhag for Adree Edmo in 22-35876 [12646610] (QDL) [Entered: 02/06/2023 09:16 AM] |
| 02/09/2023 | 13 | Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Corizon, Inc. and Scott Eliason. New requested due date is 03/13/2023. [12649975] [22-35876] (Eaton, Dylan) [Entered: 02/09/2023 01:43 PM] |
| 02/09/2023 | 14 | Streamlined request [13] by Appellants Corizon, Inc. and Scott Eliason to extend time to file the brief is approved. Amended briefing schedule: Appellants Henry Atencio, Corizon, Inc., Richard Craig, Scott Eliason, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda opening brief due 03/13/2023. Appellee Adree Edmo answering brief due 04/12/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12650235] (DLM) [Entered: 02/09/2023 03:49 PM] |
| 02/21/2023 | 15 | Filed (ECF) Appellants Corizon, Inc. and Scott Eliason Correspondence: Suggestion of Bankruptcy and Notice of Automatic Stay. Date of service: 02/21/2023 [12656952] [22-35876] (Eaton, Dylan) [Entered: 02/21/2023 10:37 AM] |
| 03/06/2023 | 16 | Filed clerk order (Deputy Clerk: MKS): The court has received the suggestion of bankruptcy and notice of automatic stay filed at Docket Entry No. [15]. Appellate proceedings are stayed for Corizon, Inc. only, due to the automatic stay imposed by 11 U.S.C. § 362. See Cohen v. Stratosphere Corp., 115 F.3d 695, 697 (9th Cir. 1997). On or before September 1, 2023, Corizon Inc. must file a status report concerning the bankruptcy proceeding. The status report should include: the court and case number of the bankruptcy proceeding; whether any party to this appeal has sought relief from the automatic stay; and the projected termination date of the automatic stay, if known. This appeal will proceed as to the remaining parties. The opening brief for the remaining appellants is due March 13, 2023. The answering brief is due April 12, 2023. The optional reply brief is due within 21 days after service of the last-served answering brief. [12668355] (JMR) [Entered: 03/06/2023 04:36 PM] |
| 03/07/2023 | 17 | Filed (ECF) notice of appearance of Lincoln Davis Wilson (Idaho Attorney General’s Office, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Henry Atencio, Idaho Department of Correction, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 03/07/2023. (Party was previously proceeding with counsel.) [12669042] [22-35876] (Wilson, Lincoln) [Entered: 03/07/2023 12:35 PM] |
| 03/07/2023 | 18 | Added Attorney(s) Lincoln Davis Wilson for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12669080] (QDL) [Entered: 03/07/2023 01:06 PM] |
| 03/07/2023 | 19 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Urgent Motion to extend time to file Opening brief until 06/20/2023. Date of service: 03/07/2023. [12669315] [22-35876] (Wilson, Lincoln) [Entered: 03/07/2023 04:36 PM] |
| 03/08/2023 | 20 | Filed (ECF) Appellant Scott Eliason Urgent Motion for miscellaneous relief [Joinder in Motion to Confirm Extension of Automatic Stay and Extend Time to File Appeal Brief [Dkt. 19]]. Date of service: 03/08/2023. [12670001] [22-35876] (Eaton, Dylan) [Entered: 03/08/2023 03:33 PM] |
| 03/08/2023 | 21 | Filed (ECF) Appellee Adree Edmo response opposing motion ([19] Motion (ECF Filing), [19] Motion (ECF Filing) motion to extend time to file brief, [20] Motion (ECF Filing), [20] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 03/08/2023. [12670200] [22-35876] (Rifkin, Lori) [Entered: 03/08/2023 06:06 PM] |
| 03/08/2023 | 22 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda reply to response (). Date of service: 03/08/2023. [12670226] [22-35876] (Wilson, Lincoln) [Entered: 03/08/2023 10:09 PM] |
| 03/10/2023 | 23 | Filed (ECF) Appellant Scott Eliason reply to response (motion for miscellaneous relief (to be used only if no other relief applies), ). Date of service: 03/10/2023. [12671950] [22-35876] (Eaton, Dylan) [Entered: 03/10/2023 04:11 PM] |
| 03/13/2023 | 24 | Filed (ECF) Appellant Scott Eliason reply to response (). Date of service: 03/13/2023. [12672587] [22-35876] (Eaton, Dylan) [Entered: 03/13/2023 11:34 AM] |
| 03/13/2023 | 25 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Correspondence: Letter to confirm our understanding with regard to our briefing obligations as conveyed by a member of your staff on March 10, 2023.. Date of service: 03/13/2023 [12673171] [22-35876] (Wilson, Lincoln) [Entered: 03/13/2023 03:56 PM] |
| 04/26/2023 | 26 | Filed (ECF) Appellant Corizon, Inc. motion. Attorney(s) Mr. Joseph Kevin West, Esquire for Appellants Corizon, Inc. and Scott Eliason and Dylan A. Eaton for Appellants Corizon, Inc. and Scott Eliason motion to withdraw as counsel. Date of service: 04/26/2023. [12703395] [22-35876] (Eaton, Dylan) [Entered: 04/26/2023 12:28 PM] |
| 04/28/2023 | 27 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Dylan A. Eaton for Appellants Corizon, Inc. and Scott Eliason. Party proceeding without counsel: No. Date of service: 04/28/2023. [12705088] [22-35876] (Eaton, Dylan) [Entered: 04/28/2023 01:39 PM] |
| 04/28/2023 | 28 | Terminated Dylan A. Eaton for Scott Eliason and Corizon, Inc. in 22-35876 [12705102] (QDL) [Entered: 04/28/2023 01:48 PM] |
| 05/01/2023 | 29 | Filed (ECF) notice of appearance of Bradley S Richardson (Garrett Richardson, PLLC, 738 S Bridgeway Place Suite 100, Eagle, ID 83616) for Appellant Scott Eliason. Substitution for Attorney Mr. Joseph Kevin West, Esquire for Appellant Scott Eliason. Date of service: 05/01/2023. (Party was previously proceeding with counsel.) [12706220] [22-35876]–[COURT UPDATE: Edited docket text to reflect correct party. 05/01/2023 by QDL] (Richardson, Bradley) [Entered: 05/01/2023 01:42 PM] |
| 05/01/2023 | 30 | Attorney Joseph Kevin West in 22-35876 substituted by Attorney Bradley S. Richardson in 22-35876 [12706286] (QDL) [Entered: 05/01/2023 02:14 PM] |
| 05/03/2023 | 31 | Filed (ECF) notice of appearance of Robert R Gates (Garrett Richardson PLLC,738 S Bridgeway Place Suite 100, Eagle, ID 83616) for Appellant Scott Eliason. Date of service: 05/03/2023. (Party was previously proceeding with counsel.) [12707728] [22-35876] (Gates, Robert) [Entered: 05/03/2023 09:19 AM] |
| 05/03/2023 | 32 | Added Attorney(s) Robert Reynolds Gates for party(s) Appellant Scott Eliason, in case 22-35876. [12707823] (QDL) [Entered: 05/03/2023 09:53 AM] |
| 05/08/2023 | 33 | Filed order (Appellate Commissioner): The court has received appellants Idaho Department of Corrections, Henry Atencio, Jeff Zmuda, Howard Keith Yordy, Richard Craig, and Rona Seigert’s (“State Appellants”) motion at Docket Entry No. [19], attaching the bankruptcy court’s order regarding debtor Tehum Care Services, Inc.’s motion to extend and enforce the automatic stay. Appellate proceedings are stayed as to all parties, pending further proceedings in the bankruptcy court or until further order of this court. State Appellants’ motion, joined by appellant Scott Eliason (Docket Entry Nos. [19], [20]) is denied as unnecessary. On or before June 9, 2023, Corizon Inc. and/or State Appellants must file a status report concerning the bankruptcy proceeding. The status report should include: the court and case number of the bankruptcy proceeding; whether any party to this appeal has sought relief from the automatic stay; and the protected termination date of the automatic stay, if known. Dylan A. Eaton, J. Kevin West, and Parsons Behle & Latimer’s motion to withdraw as retained counsel for appellant Corizon, Inc. (Docket Entry No. [26]) is granted. Parsons Behle & Latimer must serve a copy of this order on appellant Corizon, Inc. and provide proof of service to the court within 7 days of this order. A corporation must be represented by counsel. See Highlander, Inc. v. Rothman (In re Highley), 459 F.2d 554, 555 (9th Cir. 1972). Within 28 days of this order, appellant Corizon, Inc.’s new counsel must file a notice of appearance with the court. (MOATT) [12710517] (AF) [Entered: 05/08/2023 09:28 AM] |
| 05/08/2023 | 34 | Terminated Joseph Kevin West for Corizon, Inc. in 22-35876 [12710522] (AF) [Entered: 05/08/2023 09:31 AM] |
| 05/09/2023 | 35 | Filed Joseph Kevin West letter dated 05/08/2023 re: Proof of service of May 8, 2023 order on Appellant Corizon, Inc. Paper filing deficiency: None. [12712374] (QDL) [Entered: 05/09/2023 02:54 PM] |
| 05/18/2023 | 36 | Filed (ECF) Appellee Adree Edmo Motion to lift stay. Date of service: 05/18/2023. [12718761] [22-35876] (Rifkin, Lori) [Entered: 05/18/2023 03:47 PM] |
| 05/22/2023 | 37 | Filed (ECF) notice of appearance of Andrea H. Nielsen (Idaho Attorney General’s Office, P.O. Box 83720, Boise, Idaho 83720-0010) for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 05/22/2023. (Party was previously proceeding with counsel.) [12719815] [22-35876] (Nielsen, Andrea) [Entered: 05/22/2023 08:26 AM] |
| 05/22/2023 | 38 | Added Attorney(s) Andrea H. Nielsen for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12719817] (NAC) [Entered: 05/22/2023 08:29 AM] |
| 05/30/2023 | 39 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda response to motion ([36] Motion (ECF Filing), [36] Motion (ECF Filing)). Date of service: 05/30/2023. [12724947] [22-35876] (Wilson, Lincoln) [Entered: 05/30/2023 04:27 PM] |
| 05/30/2023 | 40 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Motion to stay appellate proceedings. Date of service: 05/30/2023. [12724960] [22-35876] (Wilson, Lincoln) [Entered: 05/30/2023 04:35 PM] |
| 05/30/2023 | 41 | Filed (ECF) Appellant Scott Eliason response joining motion ([39] Response (ECF Filing)). Date of service: 05/30/2023. [12724983] [22-35876]–[COURT UPDATE: Edited docket text to reflect content of filing. 05/31/2023 by QDL] (Richardson, Bradley) [Entered: 05/30/2023 04:46 PM] |
| 06/06/2023 | 42 | Filed (ECF) Appellee Adree Edmo reply to response (motion to lift stay). Date of service: 06/06/2023. [12729612] [22-35876]–[COURT UPDATE: Edited docket text to reflect content of filing. 06/06/2023 by QDL] (Rifkin, Lori) [Entered: 06/06/2023 11:13 AM] |
| 06/09/2023 | 43 | Filed (ECF) notice of appearance of Joshua N. Turner (Idaho Attorney General’s Office, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Idaho Department of Correction, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 06/09/2023. (Party was previously proceeding with counsel.) [12732591] [22-35876] (Turner, Joshua) [Entered: 06/09/2023 12:06 PM] |
| 06/09/2023 | 44 | Added Attorney(s) Joshua N. Turner for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12732743] (QDL) [Entered: 06/09/2023 02:10 PM] |
| 06/09/2023 | 45 | Filed (ECF) Appellants Henry Atencio, Idaho Department of Correction, Richard Craig, Rona Siegert, Howard Keith Yordy and Jeff Zumda status report (as required by Court order dated 05/08/2023). Date of service: 06/09/2023 [12732849] [22-35876] (Wilson, Lincoln) [Entered: 06/09/2023 03:20 PM] |
| 09/06/2023 | 46 | Filed clerk order (Deputy Clerk: MCD): The previous panel has retained jurisdiction of this appeal. Oral argument, if necessary, will be set in due course. [12787192] (OC) [Entered: 09/06/2023 10:13 AM] |
| 10/06/2023 | 48 | Terminated Lincoln Davis Wilson for Jeff Zumda, Howard Keith Yordy, Rona Siegert, Idaho Department of Correction, Richard Craig and Henry Atencio in 22-35876 [12806726] (NAC) [Entered: 10/10/2023 08:08 AM] |
| 10/10/2023 | 47 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Lincoln Davis Wilson for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Party proceeding without counsel: No. Date of service: 10/10/2023. [12806725] [22-35876] (Wilson, Lincoln) [Entered: 10/10/2023 08:05 AM] |
| 11/17/2023 | 49 | Filed (ECF) Appellee Adree Edmo Renewed Motion to lift stay. Date of service: 11/17/2023. [12825877] [22-35876] (Rifkin, Lori) [Entered: 11/17/2023 03:12 PM] |
| 11/27/2023 | 50 | Filed (ECF) notice of appearance of James E. M. Craig (Idaho Attorney General’s Office, P.O. Box 83720-0010, Boise, ID 83720-0010) for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 11/27/2023. (Party was previously proceeding with counsel.) [12828995] [22-35876] (Craig, James) [Entered: 11/27/2023 02:42 PM] |
| 11/27/2023 | 51 | Added Attorney(s) James E. M. Craig for party(s) Appellant Richard Craig Appellant Rona Siegert Appellant Henry Atencio Appellant Jeff Zumda Appellant Howard Keith Yordy Appellant Idaho Department of Correction, in case 22-35876. [12829004] (QDL) [Entered: 11/27/2023 02:53 PM] |
| 11/27/2023 | 52 | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [53]. Original Text: Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda response opposing motion ([49] Motion (ECF Filing), [49] Motion (ECF Filing)). Date of service: 11/27/2023. [12829009] [22-35876] (Craig, James) [Entered: 11/27/2023 03:00 PM] |
| 11/27/2023 | 53 | Filed (ECF) Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda Motion for miscellaneous relief [Motion to continue stay] and Response opposing motion ([49] Motion (ECF Filing) motion to lift stay of appellate proceedings). Date of service: 11/27/2023. [12829200]–[COURT ENTERED FILING to correct entry [52].] (SLM) [Entered: 11/27/2023 04:58 PM] |
| 11/28/2023 | 54 | Filed (ECF) Appellant Scott Eliason response joining motion ([53] Motion and Response to Motion (ECF Filing). Date of service: 11/28/2023 [12829761] [22-35876]–[COURT UPDATE: Edited docket text to reflect correct filing type.11/28/2023 by RY] (Richardson, Bradley) [Entered: 11/28/2023 03:53 PM] |
| 11/29/2023 | 55 | Filed (ECF) notice of appearance of Gregory E. Woodard (Idaho Attorney General’s Office, P.O. Box 83720, Boise, ID 83720-0010) for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 11/29/2023. (Party was previously proceeding with counsel.) [12830038] [22-35876] (Woodard, Gregory) [Entered: 11/29/2023 10:56 AM] |
| 11/29/2023 | 56 | Added Attorney Gregory Woodard for Appellants Richard Craig, Rona Siegert, Henry Atencio, Jeff Zumda, Howard Keith Yordy and Idaho Department of Correction, in case 22-35876. [12830087] (HH) [Entered: 11/29/2023 11:38 AM] |
| 11/29/2023 | 57 | Filed (ECF) Appellee Adree Edmo reply to response (). Date of service: 11/29/2023. [12830548] [22-35876] (Rifkin, Lori) [Entered: 11/29/2023 04:28 PM] |
| 12/15/2023 | 58 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) Defendants-Appellants’ motions to continue the stay of appellate proceedings are DENIED, and Plaintiff-Appellee’s motions to lift the stay are GRANTED. The Clerk shall lift the stay over the appellate proceedings as to Defendants-Appellants Idaho Department of Correction; Henry Atencio; Jeff Zumda; Howard Keith Yordy; Richard Craig; Rona Siegert; and Scott Eliason. Per the bankruptcy court’s order, the Clerk shall continue the stay of the appeal as to Corizon, Inc. pursuant to 11 U.S.C. § 362(a). The parties are ordered to submit briefs addressing whether the district court erred in its decision granting in part and denying in part Plaintiff-Appellee’s motion for attorneys’ fees and costs. The opening brief from Defendants-Appellants shall be submitted within 28 days from the date of entry of this order and shall not exceed 10,000 words. The answering brief from Plaintiff-Appellee shall be filed within 14 days of the Defendant-Appellant’s opening brief and shall not exceed 10,000 words. A reply is not required but may be filed within 7 days of the answer and shall not exceed 3,000 words. Parties who are registered for Appellate ECF must file briefs electronically. Parties who are not registered Appellate ECF filers must file the original brief plus seven paper copies. Oral argument on the attorneys’ fees and costs issue shall take place at 10:00 am on Tuesday, March 5, 2024, in Seattle, Washington. [12838351] (OC) [Entered: 12/15/2023 04:14 PM] |
| 12/24/2023 | 59 | Notice of Oral Argument on Tuesday, March 5, 2024 – 10:00 A.M. – SE 7th Flr Courtroom 2 – Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you 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 the CM/ECF filing event “Motion for any relief (other than reconsideration or to seal)” and selecting the appropriate relief. 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 however 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, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).
If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, March 5, 2024. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12841254]. [22-35876] (KS) [Entered: 12/24/2023 06:19 AM] |
| 01/12/2024 | 60 | Submitted (ECF) Opening Brief for review. Submitted by Appellants Idaho Department of Correction, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 01/12/2024. [12847497] [22-35876] (Craig, James) [Entered: 01/12/2024 08:53 PM] |
| 01/12/2024 | 61 | Submitted (ECF) excerpts of record. Submitted by Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Jeff Zumda, Howard Keith Yordy and Rona Siegert. Date of service: 01/12/2024. [12847498] [22-35876] (Craig, James) [Entered: 01/12/2024 08:57 PM] |
| 01/16/2024 | 62 | Filed clerk order: The opening brief [60] submitted by Henry Atencio, et al. 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: blue. The excerpts of record [61] submitted by Henry Atencio, et al. 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. [12847648] (KWG) [Entered: 01/16/2024 08:37 AM] |
| 01/16/2024 | 63 | Filed (ECF) Appellant Scott Eliason joinder to brief [60] submitted by Appellants Idaho Department of Correction, Henry Atencio, Jeff Zumda, Howard Keith Yordy, Richard Craig and Rona Siegert. Date of service: 01/16/2024. [12847815] [22-35876] (Richardson, Bradley) [Entered: 01/16/2024 11:02 AM] |
| 01/22/2024 | 64 | Received 3 paper copies of excerpts of record [61] in 4 volumes and index volume filed by Appellants Henry Atencio, et al. [12851012] (SD) [Entered: 01/22/2024 03:34 PM] |
| 01/22/2024 | 65 | Received 6 paper copies of Opening Brief [60] filed by Henry Atencio, et al. (sent to panel) [12851020] (SD) [Entered: 01/22/2024 03:36 PM] |
| 01/22/2024 | 66 | Filed (ECF) Appellant Scott Eliason Motion to present oral argument by video. Date of service: 01/22/2024. [12851144] [22-35876] (Richardson, Bradley) [Entered: 01/22/2024 04:42 PM] |
| 01/24/2024 | 67 | Filed order (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) Upon showing hardship, Defendant-Appellant Scott Eliason’s Motion to Attend Oral Argument Via Zoom is GRANTED. [12851883] (OC) [Entered: 01/24/2024 09:57 AM] |
| 01/26/2024 | 68 | Submitted (ECF) Answering Brief for review. Submitted by Appellee Adree Edmo. Date of service: 01/26/2024. [12853018] [22-35876] (Rifkin, Lori) [Entered: 01/26/2024 11:37 AM] |
| 01/26/2024 | 69 | Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Adree Edmo. Date of service: 01/26/2024. [12853019] [22-35876] (Rifkin, Lori) [Entered: 01/26/2024 11:42 AM] |
| 01/26/2024 | 70 | Filed clerk order: The answering brief [68] submitted by Adree Edmo 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: red. The supplemental excerpts of record [69] submitted by Adree Edmo 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. [12853083] (KWG) [Entered: 01/26/2024 01:21 PM] |
| 02/01/2024 | 71 | Received 3 paper copies of supplemental excerpts of record [69] in 2 volumes and index volume filed by Appellee Adree Edmo. (sent to panel) [12855523] (SD) [Entered: 02/01/2024 03:41 PM] |
| 02/01/2024 | 72 | Received 6 paper copies of Answering Brief [68] filed by Adree Edmo. (sent to panel) [12855525] (SD) [Entered: 02/01/2024 03:42 PM] |
| 02/02/2024 | 73 | Submitted (ECF) Reply Brief for review. Submitted by Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 02/02/2024. [12855988] [22-35876] (Turner, Joshua) [Entered: 02/02/2024 04:58 PM] |
| 02/02/2024 | 74 | Submitted (ECF) further excerpts of record. Submitted by Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Date of service: 02/02/2024. [12855990] [22-35876] (Turner, Joshua) [Entered: 02/02/2024 05:00 PM] |
| 02/02/2024 | 75 | Filed clerk order: The reply brief [73] submitted by appellants 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 [74] submitted by appellants 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. [12855996] (KWG) [Entered: 02/02/2024 05:08 PM] |
| 02/05/2024 | 76 | Filed (ECF) Acknowledgment of hearing notice by Attorney Joshua N. Turner for Appellants Henry Atencio, Richard Craig, Idaho Department of Correction, Rona Siegert, Howard Keith Yordy and Jeff Zumda. Hearing in Seattle on 03/05/2024 at 10:00 A.M. (Courtroom: 2). Filer sharing argument time: No. (Argument minutes: 15) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/05/2024. [12856052] [22-35876] (Turner, Joshua) [Entered: 02/05/2024 08:04 AM] |
| 02/05/2024 | 77 | Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Lori Rifkin for Appellee Adree Edmo. Hearing in Seattle on 03/05/2024 at 10:00 am (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/05/2024. [12856541] [22-35876] (Rifkin, Lori) [Entered: 02/05/2024 08:50 PM] |
| 02/09/2024 | 78 | Received 3 paper copies of further excerpts of record [74] in 1 volume filed by Appellants. (sent to panel) [12858056] (SD) [Entered: 02/09/2024 10:28 AM] |
| 02/09/2024 | 79 | Received 6 paper copies of Reply Brief [73] filed by Appellants. (sent to panel) [12858059] (SD) [Entered: 02/09/2024 10:30 AM] |
| 03/05/2024 | 80 | ARGUED AND SUBMITTED TO M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12866133] (SB) [Entered: 03/05/2024 11:09 AM] |
| 04/05/2024 | 81 | FILED OPINION (M. MARGARET MCKEOWN, RONALD M. GOULD and ROBERT S. LASNIK) For the foregoing reasons, we reverse in part as to the district court’s calculation of the lodestar, affirm in part as to the application of an enhancement, and we do not consider the amount of the enhancement. We vacate the district court’s attorneys’ fees order and remand for recalculation of the lodestar and reconsideration of the amount of the enhancement. To the extent that litigation costs apart from fees are impacted by our ruling, the district court is instructed to reconsider that portion of its award as well. Judge: RMG Authoring. FILED AND ENTERED JUDGMENT. [12875232] (AH) [Entered: 04/05/2024 08:57 AM] |
| 04/29/2024 | 82 | PARTIAL MANDATE ISSUED for all parties except as to Corizon, Inc. (MMM, RMG and RSL) [12880923] (QDL) [Entered: 04/29/2024 09:07 AM] |
| 05/02/2024 | 83 | Filed (ECF) Appellee Adree Edmo Unopposed Motion for miscellaneous relief [Motion to Transfer Consideration of Attorneys Fees on Appeal to District Court]. Date of service: 05/02/2024. [12882170] [22-35876] (Rifkin, Lori) [Entered: 05/02/2024 04:23 PM] |
| 05/03/2024 | 84 | Filed text clerk order (Deputy Clerk: MCD): Appellee’s Motion to Transfer Consideration of Attorneys Fees on Appeal to District Court, Dkt. [83], is granted. [12882428] (AF) [Entered: 05/03/2024 04:58 PM] |
Last updated 06/17/2024
Reconciled with online docket 06/17/2024