12/29/2020
1
31 pg, 1.74 MB DOCKETED
CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is
set as follows: Appellants Charles G. Moore and Kathleen F. Moore
Mediation Questionnaire due on 01/05/2021. Appellants Charles G. Moore
and Kathleen F. Moore opening brief due 02/26/2021. Appellee United
States of America answering brief due 03/29/2021. Appellant's optional
reply brief is due 21 days after service of the answering brief.
[11947781] (RT) [Entered: 12/29/2020 03:03 PM] 01/05/2021
Filed (ECF) notice of appearance of
Nathaniel S. Pollock (U.S. Department of Justice, P.O. Box 502,
Washington, DC 20044) for Appellee USA. Date of service: 01/05/2021.
(Party was previously proceeding with counsel.) [11952316] [20-36122]
(Pollock, Nathaniel) [Entered: 01/05/2021 09:31 AM] 01/05/2021
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3 pg, 48.41 KB Filed
(ECF) Appellants Charles G. Moore and Kathleen F. Moore Mediation
Questionnaire. Date of service: 01/05/2021. [11952578] [20-36122]
(Grossman, Andrew) [Entered: 01/05/2021 10:58 AM] 01/05/2021
The Mediation Questionnaire for this case was filed on 01/05/2021.confidential information directly to the Circuit Mediators, please use the following link 01/05/2021
Added Attorney(s) Nathaniel S. Pollock
for party(s) Appellee USA, in case 20-36122. [11953493] (RR) [Entered:
01/05/2021 04:32 PM] 01/07/2021
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2 pg, 109.8 KB MEDIATION
ORDER FILED: By 01/20/2021, counsel to email Circuit Mediator regarding
settlement potential. Include Ninth Circuit case number in subject
line. This communication will be kept confidential, if requested, and
should not be filed with the court. The existing briefing schedule
remains in effect. SEE ORDER FOR DETAILS. [11955354] (LW) [Entered:
01/07/2021 09:43 AM] 01/21/2021
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1 pg, 90.56 KB MEDIATION
ORDER FILED: This case is RELEASED from the Mediation Program. Counsel
are requested to contact the Circuit Mediator should circumstances
develop that warrant settlement discussions while the appeal is pending.
The briefing schedule previously established by the court remains in
effect. [11975289] (LW) [Entered: 01/21/2021 03:09 PM] 02/05/2021
Filed (ECF) Streamlined request for
extension of time to file Opening Brief by Appellants Charles G. Moore
and Kathleen F. Moore. New requested due date is 03/29/2021. [11993993]
[20-36122] (Grossman, Andrew) [Entered: 02/05/2021 09:47 AM] 02/05/2021
Streamlined request [8] by
Appellants Charles G. Moore and Kathleen F. Moore to extend time to file
the brief is approved. Amended briefing schedule: Appellants Charles G.
Moore and Kathleen F. Moore opening brief due 03/29/2021. Appellee
United States of America answering brief due 04/28/2021. The optional
reply brief is due 21 days from the date of service of the answering
brief. [11994129] (BG) [Entered: 02/05/2021 10:46 AM]03/29/2021
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55 pg, 296.97 KB Submitted
(ECF) Opening Brief for review. Submitted by Appellants Charles G.
Moore and Kathleen F. Moore. Date of service: 03/29/2021. [12056254]
[20-36122] (Grossman, Andrew) [Entered: 03/29/2021 10:50 AM] 03/29/2021
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112 pg, 4.29 MB Submitted
(ECF) excerpts of record. Submitted by Appellants Charles G. Moore and
Kathleen F. Moore. Date of service: 03/29/2021. [12056271] [20-36122]
(Grossman, Andrew) [Entered: 03/29/2021 10:57 AM] 03/30/2021
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2 pg, 95.3 KB Filed clerk order: The opening brief [10 ]
submitted by Charles G. Moore and Kathleen F. Moore 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 [11 ]
submitted by Charles G. Moore and Kathleen F. Moore 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.
[12058329] (LA) [Entered: 03/30/2021 01:21 PM] 04/01/2021
Received 3 paper copies of excerpts of record [11 ] in 1 volume(s) filed by Appellants Charles G. Moore and Kathleen F. Moore. [12061020] (LA) [Entered: 04/01/2021 02:49 PM] 04/01/2021
Received 6 paper copies of Opening Brief [10 ] filed by Charles G. Moore and Kathleen F. Moore. [12061252] (SD) [Entered: 04/01/2021 04:46 PM] 04/19/2021
Filed (ECF) Streamlined request for
extension of time to file Answering Brief by Appellee USA. New requested
due date is 05/28/2021. [12078601] [20-36122] (Pollock, Nathaniel)
[Entered: 04/19/2021 09:59 AM] 04/19/2021
Streamlined request [15] by
Appellee USA to extend time to file the brief is approved. Amended
briefing schedule: Appellee United States of America answering brief due
05/28/2021. The optional reply brief is due 21 days from the date of
service of the answering brief. [12078816] (BG) [Entered: 04/19/2021 11:16 AM]05/12/2021
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6 pg, 102.57 KB Filed
(ECF) Appellee USA Unopposed Motion to extend time to file Answering
brief until 07/22/2021. Date of service: 05/12/2021. [12110696]
[20-36122] (Pollock, Nathaniel) [Entered: 05/12/2021 01:32 PM] 05/14/2021
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1 pg, 99.94 KB Filed clerk order (Deputy Clerk: TAH): The appellee’s unopposed motion (Docket Entry No. [17 ])
for an extension of time to file the answering brief is granted.
The answering brief is due July 22, 2021. The optional reply brief is
due within 21 days after service of the answering brief.[12113204] (WL)
[Entered: 05/14/2021 11:23 AM] 07/22/2021
Filed (ECF) notice of appearance of
Michael J. Haungs (co-counsel) (U.S. Department of Justice, P.O. Box
502, Washington, DC 20044) for Appellee USA. Date of service:
07/22/2021. (Party was previously proceeding with counsel.) [12179803]
[20-36122] (Haungs, Michael) [Entered: 07/22/2021 09:37 AM] 07/22/2021
Filed (ECF) notice of appearance of
Francesca M. Ugolini (co-counsel) (U.S. Department of Justice, P.O. Box
502, Washington, DC 20044) for Appellee USA. Date of service:
07/22/2021. (Party was previously proceeding with counsel.) [12179836]
[20-36122] (Ugolini, Francesca) [Entered: 07/22/2021 09:51 AM] 07/22/2021
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90 pg, 421.14 KB Submitted
(ECF) Answering Brief for review. Submitted by Appellee USA. Date of
service: 07/22/2021. [12179893] [20-36122] (Pollock, Nathaniel)
[Entered: 07/22/2021 10:27 AM] 07/22/2021
Added Attorney(s) Michael J. Haungs for party(s) Appellee USA [12180029] (JFF) [Entered: 07/22/2021 11:21 AM] 07/22/2021
Added Attorney(s) Francesca Ugolini for party(s) Appellee USA, in case 20-36122. [12180033] (JFF) [Entered: 07/22/2021 11:22 AM] 07/22/2021
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2 pg, 94.84 KB Filed clerk order: The answering brief [21 ]
submitted by USA 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 paper copies shall be submitted to
the principal office of the Clerk. [12180100] (KWG) [Entered:
07/22/2021 11:45 AM] 07/29/2021
Filed (ECF) Streamlined request for
extension of time to file Reply Brief by Appellants Charles G. Moore and
Kathleen F. Moore. New requested due date is 09/13/2021. [12186335]
[20-36122] (Grossman, Andrew) [Entered: 07/29/2021 09:14 AM] 07/29/2021
Streamlined request [25] by
Appellants Charles G. Moore and Kathleen F. Moore to extend time to file
the brief is approved. Amended briefing schedule: the optional reply
brief is due 09/13/2021. [12186725] (BG) [Entered: 07/29/2021 12:09 PM]07/30/2021
Received 6 paper copies of Answering Brief [21 ] filed by USA. [12187674] (CPA) [Entered: 07/30/2021 09:40 AM] 08/11/2021
This case is being considered for an upcoming oral argument calendar in San Franciscohttp://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.within 3 business days of this notice , using CM/ECF (Type of Document : Correspondence to Court; Subject : request for mediation).[12198540]. [20-36122] (KS) [Entered: 08/11/2021 01:11 PM] 08/12/2021
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1 pg, 124.88 KB Filed
(ECF) Attorney Mr. Nathaniel S. Pollock for Appellee USA response to
notice for case being considered for oral argument. Date of service:
08/12/2021. [12199444] [20-36122] (Pollock, Nathaniel) [Entered:
08/12/2021 10:00 AM] 09/13/2021
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33 pg, 204.71 KB Submitted
(ECF) Reply Brief for review. Submitted by Appellants Charles G. Moore
and Kathleen F. Moore. Date of service: 09/13/2021. [12226522]
[20-36122] (Grossman, Andrew) [Entered: 09/13/2021 11:30 AM] 09/13/2021
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2 pg, 94.85 KB Filed clerk order: The reply brief [30 ]
submitted by Charles G. Moore and Kathleen F. Moore 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 paper copies
shall be submitted to the principal office of the Clerk. [12226783]
(KWG) [Entered: 09/13/2021 02:14 PM] 09/16/2021
Received 6 paper copies of Reply Brief [30 ] filed by Charles G. Moore and Kathleen F. Moore. [12230692] (SD) [Entered: 09/16/2021 02:19 PM] 09/22/2021
This case is being considered for an upcoming oral argument calendar in San Franciscohttp://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.within 3 business days of this notice , using CM/ECF (Type of Document : Correspondence to Court; Subject : request for mediation).[12235524]. [20-36122] (KS) [Entered: 09/22/2021 10:11 AM] 09/23/2021
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1 pg, 121.08 KB Filed
(ECF) Attorney Mr. Nathaniel S. Pollock for Appellee USA response to
notice for case being considered for oral argument. Date of service:
09/23/2021. [12236709] [20-36122] (Pollock, Nathaniel) [Entered:
09/23/2021 09:03 AM] 10/31/2021
Notice of Oral Argument on Friday, January 14, 2022 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.here 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 may have the
option to appear in person at the Courthouse or remotely by video. Check
here
for updates on the status of reopening as the hearing date approaches.
At this time, even when in person hearings resume, an election to appear
remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination .
The court expects and supports the fact that some attorneys and some
judges will continue to appear remotely. 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 remote appearance.strongly prefers
video over telephone appearance. Therefore, if you wish to appear
remotely by telephone you will need to file a motion requesting
permission to do so.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).ACKNOWLEDGMENT OF HEARING NOTICE 11/02/2021
Filed (ECF) Acknowledgment of hearing
notice by Attorney Mr. Nathaniel S. Pollock for Appellee USA. Hearing in
San Francisco on 01/14/2022 at 09:30 A.M. (Courtroom: Courtroom 1; 3rd
Floor, Room 338). Filer sharing argument time: No. (Argument minutes:
15) Appearance in person or by video: I wish to appear in person.
Special accommodations: NO. Filer admission status: I certify that I am
admitted to practice before this Court. Date of service: 11/02/2021.
[12275145] [20-36122] (Pollock, Nathaniel) [Entered: 11/02/2021 07:01
AM] 12/17/2021
Filed (ECF) Acknowledgment of hearing
notice by Attorney Mr. Andrew M. Grossman for Appellants Charles G.
Moore and Kathleen F. Moore. Hearing in San Francisco on 01/14/2022 at
09:30 A.M. (Courtroom: Courtroom 1, 3rd Floor, Room 338). Filer sharing
argument time: No. (Argument minutes: 15) Appearance in person or by
video: I wish to appear in person. Special accommodations: NO. Filer
admission status: I certify that I am admitted to practice before this
Court. Date of service: 12/17/2021. [12319332] [20-36122] (Grossman,
Andrew) [Entered: 12/17/2021 01:25 PM] 12/21/2021
Filed (ECF) Acknowledgment of hearing
notice by Attorney Mr. Andrew M. Grossman for Appellants Charles G.
Moore and Kathleen F. Moore. Hearing in San Francisco on 01/14/2022 at
09:30 A.M. (Courtroom: Courtroom 1, 3rd Floor, Room 338). Filer sharing
argument time: No. (Argument minutes: 15) Appearance in person or by
video: I wish to appear by video. Special accommodations: NO. Filer
admission status: I certify that I am admitted to practice before this
Court. Date of service: 12/21/2021. [12321661] [20-36122] (Grossman,
Andrew) [Entered: 12/21/2021 10:26 AM] 12/21/2021
Filed (ECF) Acknowledgment of hearing
notice by Attorney Mr. Nathaniel S. Pollock for Appellee USA. Hearing in
San Francisco on 01/14/2022 at 09:30 A.M. (Courtroom: Courtroom 1, 3rd
Floor, Room 338). Filer sharing argument time: No. (Argument minutes:
15) Appearance in person or by video: I wish to appear by video. Special
accommodations: NO. Filer admission status: I certify that I am
admitted to practice before this Court. Date of service: 12/21/2021.
[12321763] [20-36122] (Pollock, Nathaniel) [Entered: 12/21/2021 11:31
AM] 12/30/2021
Notice of Oral Argument on Friday, January 14, 2022 - 11:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.here 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 may have the
option to appear in person at the Courthouse or remotely by video. Check
here
for updates on the status of reopening as the hearing date approaches.
At this time, even when in person hearings resume, an election to appear
remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination .
The court expects and supports the fact that some attorneys and some
judges will continue to appear remotely. 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 remote appearance.strongly prefers
video over telephone appearance. Therefore, if you wish to appear
remotely by telephone you will need to file a motion requesting
permission to do so.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).ACKNOWLEDGMENT OF HEARING NOTICE 01/14/2022
ARGUED AND SUBMITTED TO RONALD M.
GOULD, JACQUELINE H. NGUYEN and MARK J. BENNETT. [12341551] (BJK)
[Entered: 01/14/2022 02:11 PM] 01/14/2022
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1 pg, 8.01 MB 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/ 06/07/2022
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23 pg, 810.65 KB FILED
OPINION (RONALD M. GOULD, JACQUELINE H. NGUYEN and MARK J. BENNETT)
AFFIRMED. Judge: RMG Authoring. FILED AND ENTERED JUDGMENT. [12465008]
(AKM) [Entered: 06/07/2022 08:41 AM] 06/10/2022
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4 pg, 223.82 KB Filed
(ECF) Appellee USA bill of costs (Form 10) in the amount of $37.80 USD.
Date of service: 06/10/2022 [12468315] [20-36122] (Pollock, Nathaniel)
[Entered: 06/10/2022 10:52 AM] 07/19/2022
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43 pg, 435.56 KB Filed
(ECF) Appellants Charles G. Moore and Kathleen F. Moore petition for
panel rehearing and petition for rehearing en banc (from 06/07/2022
opinion). Date of service: 07/19/2022. [12497379] [20-36122] (Grossman,
Andrew) [Entered: 07/19/2022 01:15 PM] 07/20/2022
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1 pg, 96.52 KB Filed
order (RONALD M. GOULD, JACQUELINE H. NGUYEN and MARK J. BENNETT):
Appellee is directed to file a response to the Appellants’ Petition for
Panel and En Banc Rehearing filed with this Court on July 19, 2022. The
response shall not exceed 4200 words and shall be filed within 45 days
of the date of this order. If the response is filed electronically, no
paper copies need be submitted. If the response is not filed
electronically, Appellee must file the original response plus 50 paper
copies. [12498613] (AF) [Entered: 07/20/2022 03:34 PM] 09/02/2022
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30 pg, 250.69 KB Filed
(ECF) Appellee USA response to Combo PFR Panel and En Banc (ECF
Filing), Combo PFR Panel and En Banc (ECF Filing). Date of service:
09/02/2022. [12532319]. [20-36122] (Pollock, Nathaniel) [Entered:
09/02/2022 08:32 AM] 11/22/2022
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19 pg, 207.18 KB Filed
Order for PUBLICATION (RONALD M. GOULD, JACQUELINE H. NGUYEN and MARK
J. BENNETT) (Dissent by Judge Bumatay) Appellants’ Petition for Panel
Rehearing is DENIED.
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, and the
matter failed to receive a majority of the votes of the nonrecused
active judges in favor of en banc consideration. Fed. R. App. P. 35.
Appellants’ Petition for Rehearing En Banc is also DENIED. [12593570]
(MM) [Entered: 11/22/2022 08:49 AM] 11/22/2022
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19 pg, 207.41 KB CORRECTED Order for PUBLICATION RE: [48 ]
(RONALD M. GOULD, JACQUELINE H. NGUYEN and MARK J. BENNETT).
Correction: corrected typo in district court number. [12594065] (MM)
[Entered: 11/22/2022 12:45 PM] 11/30/2022
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1 pg, 95.48 KB MANDATE
ISSUED.(RMG, JHN and MJB) Costs taxed against Appellants in the amount
of $37.80. [12598744] (HH) [Entered: 11/30/2022 09:31 AM] 02/24/2023
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1 pg, 55.29 KB Supreme Court Case Info 