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ACA Connects, et al v. Rob Bonta, Docket No. 21-15430 (9th Cir. Mar 11, 2021), Court Docket
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ACA Connects, et al v. Rob Bonta

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Court Dockets
ca9
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 21-15430

ACA Connects, et al v. Rob Bonta

DOCKET INFORMATION
Minimize
Date Filed: Mar 11, 2021
Status: Closed
Nature of suit:3950 Constitutionality of State Statutes
Original Cases:
2:18-cv-02684-JAM-DB on 2018-10-03, U.S. District Court for Eastern California, Sacramento
District: 0972
NOA Date: Mar 9, 2021

Parties and Attorneys

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 Plaintiff - Appellant,
ACA CONNECTS - AMERICA'S COMMUNICATIONS ASSOCIATION, FKA American Cable Association
Plaintiff - Appellant,
Representation
Jeffrey A. Lamken
MoloLamken, LLP
600 New Hampshire Avenue, NW
Suite 500
Washington, DC 20037
Personal: 202-556-2010
[COR NTC Retained]

 Plaintiff - Appellant,
CTIA - THE WIRELESS ASSOCIATION
Plaintiff - Appellant,
Representation
Scott H. Angstreich, Attorney
Kellogg, Hansen, Todd, Figel & Frederick, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
[COR NTC Retained]

 Plaintiff - Appellant,
NCTA-THE INTERNET & TELEVISION ASSOCIATION
Plaintiff - Appellant,
Representation
Matthew Brill, Partner
Latham & Watkins, LLP
555 11th Street, NW
Suite 1000
Washington, DC 20004-1304
Personal: 202-637-2200
[COR NTC Retained]
James Tomberlin
Latham & Watkins, LLP
555 11th Street, NW
Suite 1000
Washington, DC 20004-1304
Personal: 202-637-2141
[COR NTC Retained]

 Plaintiff - Appellant,
USTELECOM - THE BROADBAND ASSOCIATION
Plaintiff - Appellant,
Representation
Scott H. Angstreich, Attorney
Kellogg, Hansen, Todd, Figel & Frederick, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
[COR NTC Retained]

Defendant - Appellee,
XAVIER BECERRA, in his official capacity as Attorney General of California
Defendant - Appellee,

 Defendant - Appellee,
ROB BONTA, in his official capacity as Attorney General of California
Defendant - Appellee,
Representation
John Darrow Echeverria, Attorney
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102
[COR NTC Asst State Aty Gen]
Sarah Elizabeth Kurtz
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102
[COR NTC Dep State Aty Gen]
Peiyin Patty Li, Deputy Attorney General
California Department of Justice
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102
[COR NTC Dep State Aty Gen]

 Amicus Curiae,
TECHFREEDOM
Amicus Curiae,
Representation
Corbin K. Barthold, Attorney
TechFreedom
110 Maryland Avenue NE
Suite 205
Washington, DC 20002
Personal: 925-788-6847
[COR LD NTC Retained]

 Amicus Curiae,
CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

 Amicus Curiae,
CALIFORNIA CHAMBER OF COMMERCE
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

 Amicus Curiae,
SMALL BUSINESS AND ENTREPRENEURSHIP COUNCIL
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

Amicus Curiae,
CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION
Amicus Curiae,

 Amicus Curiae,
TELECOMMUNICATIONS INDUSTRY ASSOCIATION
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

 Amicus Curiae,
CALINNOVATES
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

 Amicus Curiae,
PROFESSORS OF COMMUNICATIONS LAW
Amicus Curiae,
Representation
Kevin Russell
Goldstein & Russell, PC
7475 Wisconsin Avenue
Suite 850
Bethesda, MD 20814
Personal: 202-362-0636
[COR LD NTC Retained]

 Amicus Curiae,
INTERNATIONAL CENTER FOR LAW & ECONOMICS
Amicus Curiae,
Representation
Brian R. Hardy, Attorney
Marquis Aurbach Coffing
10001 Park Run Drive
Las Vegas, NV 89145
Personal: 702-382-0711
[COR LD NTC Retained]

 Amicus Curiae,
MEDIA DEMOCRACY FUND
Amicus Curiae,
Representation
Kevin Russell
Goldstein & Russell, PC
7475 Wisconsin Avenue
Suite 850
Bethesda, MD 20814
Personal: 202-362-0636
[COR LD NTC Retained]

 Amicus Curiae,
CHRISTOPHER S. YOO
Amicus Curiae,
Representation
Christopher S. Yoo
University of Pennsylvania Law School
3501 Sansom Street
Philadelphia, PA 19104
Personal: 215-746-8772
[NTC Pro Se]

 Amicus Curiae,
ELECTRONIC FRONTIER FOUNDATION, ACLU FOUNDATION OF NORTHERN CALIFORNIA, ACLU FOUNDATION OF SOUTHERN CALIFORNIA, ACCESS HUMBOLDT, BENTON INSTITUTE FOR BROADBAND & SOCIETY, CLEAN MONEY CAMPAIGN, FIGHT FOR THE FUTURE, GREENLING INSTITUTE, IFIXIT, INC., MEDIA JUSTICE, NATIONAL HISPANIC MEDIA COALITION, OAKLAND PRIVACY, REDDIT, INC., TURN - THE UTILITY REFORM NETWORK, and WRITERS GUILD OF AMERICA, WEST, INC.
Amicus Curiae,
Representation
Corynne McSherry
Electronic Frontier Foundation
815 Eddy Street
San Francisco, CA 94109
Personal: 415-436-9333
[COR LD NTC Retained]

 Amicus Curiae,
STATE OF NEW YORK, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAI'I, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, STATE OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF PENNSYLVANIA, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON, STATE OF WISCONSIN, and DISTRICT OF COLUMBIA
Amicus Curiae,
Representation
Ester Murdukhayeva, Assistant Solicitor General
New York State Office of the Attorney General
28 Liberty Street
New York, NY 10005
Personal: 212-416-6279
[COR NTC Asst State Aty Gen]

 Amicus Curiae,
COUNTY OF SANTA CLARA, and SIX ADDITIONAL LOCAL GOVERNMENTS
Amicus Curiae,
Representation
Raphael Rajendra
County of Santa Clara, Office of the County Counsel
70 W Hedding Street
East Wing
9th Floor
San Jose, CA 95110
Personal: 408-299-5998
[COR LD NTC Dep County Counsel]

 Amicus Curiae,
ACCESS NOW, MOZILLA CORP, PUBLIC KNOWLEDGE, NEW AMERICA'S OPEN TECHNOLOGY INSTITUTE, and FREE PRESS
Amicus Curiae,
Representation
Thomas Henri Vidal, Attorney
Pryor Cashman LLP
1801 Century Park East
Los Angeles, CA 90067
Personal: 310-683-6900
[COR LD NTC Retained]

 Amicus Curiae,
INTERNET LAW PROFESSORS
Amicus Curiae,
Representation
Phillip R. Malone, Attorney
Mills Legal Clinic
559 Nathan Abbott Way
Stanford, CA 94305-8610
Personal: 650-725-6369
[COR LD NTC Retained]

 Amicus Curiae,
HAROLD FURCHTGOTT-ROTH
Amicus Curiae,
Representation
Kirk Robert Arner, Attorney
Kirk R. Arner, Attorney at Law
816 N Oakland Street
Apt 704
Arlington, VA 22203
Personal: 570-952-4550
[COR LD NTC Retained]

 Amicus Curiae,
KIRK ROBERT ARNER, Attorney
Amicus Curiae,
Representation
Kirk Robert Arner, Attorney
Kirk R. Arner, Attorney at Law
816 N Oakland Street
Apt 704
Arlington, VA 22203
Personal: 570-952-4550
[COR LD NTC Retained]

 Amicus Curiae,
WASHINGTON LEGAL FOUNDATION
Amicus Curiae,
Representation
John Mercer Masslon, II
Washington Legal Foundation
2009 Massachusetts Avenue, NW
Washington, DC 20036
Personal: 202-588-0302
[COR LD NTC Retained]

 Amicus Curiae,
TECHFREEDOM
Amicus Curiae,
Representation
John Mercer Masslon, II
Washington Legal Foundation
2009 Massachusetts Avenue, NW
Washington, DC 20036
Personal: 202-588-0302
[COR LD NTC Retained]

Docket Entries

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EntryFiledPDFDescription
BL-1Mar 11, 2021ViewDOCKETED 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. [12031897] (JBS)
BL-2Mar 11, 2021ViewFiled clerk order (Deputy Clerk: TSP): The appeal filed March 9, 2021, 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 April 6, 2021; the answering brief is due May 4, 2021 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. [12032877] (WL)
BL-3Mar 12, 2021RequestFiled (ECF) Appellants ACA Connects - Americas Communications Association, CTIA, NCTA-The Internet & Television Association and USTelecom - The Broadband Association Mediation Questionnaire. Date of service: 03/12/2021. [12039607] [21-15430] (Brill, Matthew)
BL-4Mar 12, 2021RequestThe Mediation Questionnaire for this case was filed on 03/12/2021.<br>To submit pertinent <b>confidential</b> information directly to the Circuit Mediators, please use the following <a href="http://www.ca9.uscourts.gov/mediation/addlconfinfo.php?caseno=21-15430&csname=ACA Connects v. Xavier Becerra"><b>link</b></a>.<br>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.[12040241]. [21-15430] (AD)
BL-5Mar 15, 2021RequestFiled (ECF) Appellee Xavier Becerra Mediation Questionnaire. Date of service: 03/15/2021. [12040825] [21-15430] (Li, Peiyin)
BL-6Mar 15, 2021RequestThe Mediation Questionnaire for this case was filed on 03/15/2021.<br>To submit pertinent <b>confidential</b> information directly to the Circuit Mediators, please use the following <a href="http://www.ca9.uscourts.gov/mediation/addlconfinfo.php?caseno=21-15430&csname=ACA Connects v. Xavier Becerra"><b>link</b></a>.<br>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.[12041151]. [21-15430] (AD)
BL-7Mar 16, 2021RequestMEDIATION ORDER FILED: By 03/30/2021, 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. [12042955] (VS)
BL-8Apr 1, 2021RequestMEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12060424] (VS)
BL-9Apr 6, 2021ViewSubmitted (ECF) Opening Brief for review. Submitted by Appellants CTIA, USTelecom - The Broadband Association, NCTA-The Internet & Television Association and ACA Connects - Americas Communications Association. Date of service: 04/06/2021. [12065355] [21-15430] (Angstreich, Scott)
BL-10Apr 6, 2021RequestSubmitted (ECF) excerpts of record. Submitted by Appellants ACA Connects - Americas Communications Association, CTIA, NCTA-The Internet & Television Association and USTelecom - The Broadband Association. Date of service: 04/06/2021. [12065375] [21-15430] (Angstreich, Scott)
BL-11Apr 7, 2021RequestFiled clerk order: The opening brief 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. [12066246] (KWG)
BL-12Apr 13, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by TechFreedom. Date of service: 04/13/2021. [12071955] [21-15430] (Barthold, Corbin)
BL-13Apr 13, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Commerce of the United States of America, California Chamber of Commerce, Small Business & Entrepreneurship Council, Telecommunications Industry Association, and CALinnovates. Date of service: 04/13/2021. [12072514] [21-15430] (Harris, Jeffrey)
BL-14Apr 13, 2021RequestReceived 3 paper copies of excerpts of record in 1 volume(s) filed by Appellants. [12072754] (KWG)
BL-15Apr 13, 2021RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Center for Law & Economics. Date of service: 04/13/2021. [12072762] [21-15430] (Hardy, Brian)
BL-16Apr 13, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Christopher S. Yoo. Date of service: 04/13/2021. [12072844] [21-15430] (Yoo, Christopher)
BL-17Apr 13, 2021RequestReceived 6 paper copies of Opening Brief filed by Appellants. [12072855] (SD)
BL-18Apr 13, 2021RequestEntered appearance of Amici Curiae TechFreedom, Chamber of Commerce of the United States of America, California Chamber of Commerce, Small Business and Entrepreneurship Council, Cellular Telecommunications Industry Association, CALinnovates, International Center for Law & Economics, and Christopher S. Yoo. [12073225] (LA)
BL-19Apr 13, 2021RequestFiled clerk order: The amicus brief submitted by TechFreedom 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. [12073227] (LA)
BL-20Apr 13, 2021RequestAmicus Curiae Cellular Telecommunications Industry Association substituted by Amicus Curiae Telecommunications Industry Association (to correct clerical error). [12073239] (LA)
BL-21Apr 13, 2021ViewFiled clerk order: The amicus brief submitted by Chamber of Commerce of the United States of America, California Chamber of Commerce, Small Business and Entrepreneurship Council, Telecommunications Industry Association, and CALinnovates 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. [12073242] (LA)
BL-22Apr 13, 2021ViewFiled clerk order: The amicus brief submitted by International Center for Law & Economics 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. [12073248] (LA)
BL-23Apr 13, 2021ViewFiled clerk order: The amicus brief submitted by Christopher S. Yoo 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. [12073254] (LA)
BL-24Apr 15, 2021RequestReceived 6 paper copies of Amicus Brief filed by Chamber of Commerce of the United States of America, California Chamber of Commerce, Small Business and Entrepreneurship Council, Telecommunications Industry Association, and CALinnovates. [12076354] (SD)
BL-25Apr 16, 2021RequestReceived 6 paper copies of Amicus Brief filed by Professor Christopher S. Yoo. [12077593] (SD)
BL-26Apr 20, 2021RequestReceived 7 paper copies of Amicus Brief filed by TechFreedom. [12081027] (SD)
BL-27Apr 22, 2021RequestReceived 6 paper copies of Amicus Brief filed by International Center for Law & Economics. [12083326] (SD)
BL-28Apr 26, 2021ViewFiled (ECF) Appellee Xavier Becerra Correspondence: Letter to the Court re Substitution of Appellee. Date of service: 04/26/2021 [12086901] [21-15430] (Li, Peiyin)
BL-29May 4, 2021RequestAppellee Xavier Becerra in 21-15430 substituted by Appellee Rob Bonta in 21-15430 [12101268] (SLM)
BL-30May 4, 2021ViewSubmitted (ECF) Answering Brief for review. Submitted by Appellee Rob Bonta. Date of service: 05/04/2021. [12102215] [21-15430]--[COURT UPDATE: Attached corrected brief. 05/06/2021 by LA] (Li, Peiyin)
BL-31May 4, 2021RequestSubmitted (ECF) supplemental excerpts of record. Submitted by Appellee Rob Bonta. Date of service: 05/04/2021. [12102217] [21-15430]--[COURT UPDATE: Attached corrected excerpts. 05/06/2021 by LA] (Li, Peiyin)
BL-32May 6, 2021RequestFiled clerk order: The answering brief submitted by Rob Bonta 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. [12103922] (LA)
BL-33May 10, 2021RequestThis case is being considered for an upcoming oral argument calendar in San Francisco<br><br>Please review the San Francisco sitting dates for September 2021 and the 2 subsequent sitting months in that location at <a href="http://www.ca9.uscourts.gov/court_sessions" >http://www.ca9.uscourts.gov/court_sessions</a>. If you have an unavoidable conflict on any of the dates, please file <a href="http://www.ca9.uscourts.gov/forms/form32.pdf">Form 32</a> <b>within 3 business days of this notice</b> using the CM/ECF filing type <b>Response to Case Being Considered for Oral Argument</b>. Please follow the form's <a href="http://www.ca9.uscourts.gov/forms/form32instructions.pdf">instructions</a> carefully.<br><br>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.<br><br>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 <b>within 3 business days of this notice</b>, using CM/ECF (<b>Type of Document</b>: Correspondence to Court; <b>Subject</b>: request for mediation).[12107516]. [21-15430] (KS)
BL-34May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professors of Communications Law (Yochai Benkler, John Blevins, Rob Frieden, and Jerry Kang) and Media Democracy Fund. Date of service: 05/11/2021. [12109044] [21-15430] (Russell, Kevin)
BL-35May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Frontier Found., ACLU N Ca, ACLU S Ca, Access Humboldt, Benton Inst for Broadband & Soc'y, Clean Money Campaign, Fight for the Future, Greenling Inst, iFixit, Media Justice, Nat'l Hispanic Media Coal., Oakland Priv., Reddit, TURN, Writers Guild. Date of service: 05/11/2021. [12109625] [21-15430] (McSherry, Corynne)
BL-36May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia. Date of service: 05/11/2021. [12109883] [21-15430] (Wu, Steven)
BL-37May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by County of Santa Clara, California and Six Additional Local Governments. Date of service: 05/11/2021. [12109905] [21-15430] (Rajendra, Raphael)
BL-38May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF ACCESS NOW, MOZILLA CORP, PUBLIC KNOWLEDGE, NEW AMERICA'S OPEN TECHNOLOGY INSTITUTE, AND FREE PRESS AS AMICUS CURIAE IN SUPPORT OF DEFENDANT-APPELLEE AND AFFIRMANCE. Date of service: 05/11/2021. [12109906] [21-15430]--[COURT UPDATE: Attached corrected PDF. 05/13/2021 by LA] (Vidal, Thomas)
BL-39May 11, 2021ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Internet Law Professors. Date of service: 05/11/2021. [12109912] [21-15430] (Malone, Phillip)
BL-40May 12, 2021RequestFiled (ECF) Attorney Mr. Scott H. Angstreich for Appellants CTIA and USTelecom - The Broadband Association response to notice for case being considered for oral argument. Date of service: 05/12/2021. [12110547] [21-15430] (Angstreich, Scott)
BL-41May 12, 2021RequestEntered appearance of Amici Curiae Professors of Communications Law, Media Democracy Fund, Electronic Frontier Foundation, et al., State of New York, et al., County of Santa Clara, et al., Access Now, et al., and Internet Law Professors. [12110548] (LA)
BL-42May 12, 2021RequestFiled clerk order: The amicus brief submitted by Professors of Communications Law and Media Democracy Fund 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. [12110553] (LA)
BL-43May 12, 2021ViewFiled clerk order: The amicus brief submitted by Electronic Frontier Foundation, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12110557] (LA)
BL-44May 12, 2021RequestFiled clerk order: The amicus brief submitted by State of New York, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12110559] (LA)
BL-45May 12, 2021RequestFiled clerk order: The amicus brief submitted by County of Santa Clara, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12110564] (LA)
BL-46May 12, 2021ViewFiled clerk order: The amicus brief submitted by Internet 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. [12110566] (LA)
BL-47May 12, 2021RequestReceived 6 paper copies of Answering Brief filed by Rob Bonta. [12111022] (SD)
BL-48May 12, 2021RequestReceived 3 paper copies of supplemental excerpts of record in 1 volume(s) filed by Appellee Rob Bonta. [12111461] (KWG)
BL-49May 13, 2021RequestFiled clerk order: The amicus brief submitted by Access Now, 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12112636] (LA)
BL-50May 14, 2021RequestReceived 6 paper copies of Amicus Brief filed by Electronic Frontier Foundation, et al. [12113265] (SD)
BL-51May 14, 2021RequestReceived 6 paper copies of Amicus Brief filed by Internet Law Professors. [12113281] (SD)
BL-52May 14, 2021RequestReceived 6 paper copies of Amicus Brief filed by County of Santa Clara, et al. [12113499] (SD)
BL-53May 17, 2021RequestReceived 6 paper copies of Amicus Brief filed by Professors of Communications Law and Media Democracy Fund. [12115035] (CPA)
BL-54May 17, 2021RequestReceived 6 paper copies of Amicus Brief filed by Access Now, et al. [12115048] (CPA)
BL-55May 18, 2021RequestReceived 6 paper copies of Amicus Brief filed by State of New York, et al. [12116489] (CPA)
BL-56May 25, 2021ViewSubmitted (ECF) Reply Brief for review. Submitted by Appellants NCTA-The Internet & Television Association, CTIA, ACA Connects - America's Communications Association and USTelecom - The Broadband Association. Date of service: 05/25/2021. [12124115] [21-15430] (Brill, Matthew)
BL-57May 25, 2021RequestFiled clerk order: The reply brief 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 paper copies shall be submitted to the principal office of the Clerk. [12124585] (LA)
BL-58May 26, 2021RequestReceived 6 paper copies of Reply Brief filed by Appellants. [12125869] (SD)
BL-59Jun 17, 2021ViewFiled (ECF) Appellants NCTA-The Internet & Television Association, CTIA, USTelecom - The Broadband Association and ACA Connects - America's Communications Association citation of supplemental authorities. Date of service: 06/17/2021. [12147374] [21-15430] (Brill, Matthew)
BL-60Jun 23, 2021RequestFiled (ECF) Appellee Rob Bonta citation of supplemental authorities. Date of service: 06/23/2021. [12151862] [21-15430] (Li, Peiyin)
BL-61Jul 4, 2021RequestNotice of Oral Argument on Tuesday, September 14, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location.<br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=21-15430"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> 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 will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. 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.<br><br>Please note however that if you do elect to appear remotely, the court <b>strongly prefers</b> 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.<br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> 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).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Tuesday, September 14, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12162466]. [21-15430] (KS)
BL-62Aug 13, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Mr. Scott H. Angstreich for Appellants CTIA and USTelecom - The Broadband Association. Hearing in San Francisco on 09/14/2021 at 09:00 A.M. (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: 08/13/2021. [12200903] [21-15430] (Angstreich, Scott)
BL-63Aug 18, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Peiyin Patty Li for Appellee Rob Bonta. Hearing in San Francisco on 09/14/2021 at 09:00 A.M. (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: 08/18/2021. [12204863] [21-15430] (Li, Peiyin)
BL-64Sep 14, 2021RequestARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST. [12227727] (TG)
BL-65Sep 14, 2021ViewFiled Audio recording of oral argument.<br> <b>Note:</b> Video recordings of public argument calendars are available on the Court's website, at <a href="http://www.ca9.uscourts.gov/media/">http://www.ca9.uscourts.gov/media/</a><br>[12239552] (TG)
BL-66Sep 28, 2021RequestFiled (ECF) Notice of withdrawal of counsel. Filed by Attorney Ryan Baasch for Appellant NCTA-The Internet & Television Association. Party proceeding without counsel: No. Date of service: 09/28/2021. [12240912] [21-15430] (Baasch, Ryan)
BL-67Sep 28, 2021RequestTerminated Ryan Baasch for NCTA-The Internet & Television Association in 21-15430 [12241343] (RR)
BL-68Jan 28, 2022ViewFILED OPINION (J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST) The judgment of the United States District Court for the District of Eastern California denying a preliminary injunction that would bar enforcement of SB-822 is AFFIRMED. Opinion by Judge Schroeder; Concurrence by Judge Wallace. FILED AND ENTERED JUDGMENT. [12354006]--[Edited (counsel listing corrected) 02/01/2022 by AKM]--[Edited (citation on p.14 corrected) 02/03/2022 by AKM] (AKM)
BL-69Jan 30, 2022RequestFiled (ECF) Amicus Curiae Professor Christopher S. Yoo Correspondence: Correction of Counsel Listing in published opinion. Date of service: 01/30/2022 [12355382] [21-15430] (Yoo, Christopher)
BL-70Feb 11, 2022ViewFiled (ECF) Appellants NCTA-The Internet & Television Association, CTIA, ACA Connects - America's Communications Association and USTelecom - The Broadband Association petition for rehearing en banc (from 01/28/2022 opinion). Date of service: 02/11/2022. [12368594] [21-15430] --[COURT UPDATE: Updated docket text to reflect correct party filers. 2/14/2022 by TYL] (Angstreich, Scott)
BL-71Feb 14, 2022RequestFiled (ECF) notice of appearance of John D. Echeverria (California Department of Justice, Office of the Attorney General, 455 Golden Gate Avenue, Suite 11000, San Francisco, California 94102) for Appellee Rob Bonta. Date of service: 02/14/2022. (Party was previously proceeding with counsel.) [12369375] [21-15430] (Echeverria, John)
BL-72Feb 14, 2022RequestAdded Attorney(s) John Darrow Echeverria for party(s) Appellee Rob Bonta, in case 21-15430. [12369754] (RR)
BL-73Feb 22, 2022ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Harold Furchtgott-Roth and Kirk R. Arner. Date of service: 02/22/2022. [12375600] [21-15430] (Arner, Kirk)
BL-74Feb 22, 2022ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Washington Legal Foundation and TechFreedom. Date of service: 02/22/2022. [12375718] [21-15430] (Masslon, John)
BL-75Feb 22, 2022ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Commerce of the United States, California Chamber of Commerce, Small Business & Entrepreneurship Council, Telecommunications Industry Association, and CALinnovates. Date of service: 02/22/2022. [12376245] [21-15430] (Harris, Jeffrey)
BL-76Feb 22, 2022RequestEntered appearance of Amici Curiae Harold Furchtgott-Roth , Kirk Robert Arner, WLF and TechFreedom. [12376455] (KT)
BL-77Feb 22, 2022RequestFiled clerk order: The amicus brief submitted by Mr. Kirk Robert Arner and Harold Furchtgott-Roth is filed. No paper copies are required at this time. [12376456] (KT)
BL-78Feb 22, 2022RequestFiled clerk order: The amicus brief submitted by TechFreedom and WLF is filed. No paper copies are required at this time. [12376466] (KT)
BL-79Feb 22, 2022RequestFiled clerk order: The amicus brief submitted by California Chamber of Commerce and Chamber of Commerce of the United States of America is filed. No paper copies are required at this time. [12376472] (KT)
BL-80Mar 10, 2022RequestFiled (ECF) notice of appearance of Ester Murdukhayeva (New York State Office of the Attorney General, 28 Liberty Street, New York, NY 10005) for Amicus Curiae State of New York. Substitution for Attorney Mr. Steven C. Wu for Amicus Curiae State of New York. Date of service: 03/10/2022. (Party was previously proceeding with counsel.) [12391479] [21-15430] (Murdukhayeva, Ester)
BL-81Mar 10, 2022RequestAttorney Steven C. Wu in 21-15430 substituted by Attorney Ester Murdukhayeva in 21-15430 [12391905] (RR)
BL-82Apr 20, 2022RequestFiled order (J. CLIFFORD WALLACE, MARY M. SCHROEDER and DANIELLE J. FORREST): The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc, Docket No. , is DENIED. [12426404] (AF)
BL-83Apr 28, 2022ViewMANDATE ISSUED.(JCW, MMS and DJF) [12433272] (HH)

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