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ASJA, et al v. Rob Bonta, Docket No. 20-55734 (9th Cir. Jul 21, 2020), Court Docket
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ASJA, et al v. Rob Bonta

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Court Dockets
ca9
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 20-55734

ASJA, et al v. Rob Bonta

DOCKET INFORMATION
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Date Filed: Jul 21, 2020
Status: Closed
Nature of suit:3950 Constitutionality of State Statutes
Original Cases:
2:19-cv-10645-PSG-KS on 2019-12-17, U.S. District Court for Central California, Los Angeles
District: 0973
NOA Date: Jul 20, 2020

Parties and Attorneys

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 Plaintiff - Appellant,
AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS, INC.
Plaintiff - Appellant,
Representation
James M. Manley
Pacific Legal Foundation
3241 E. Shea Boulevard
Suite 108
Phoenix, AZ 85028
Personal: 916-419-7111
[COR LD NTC Retained]
Jeremy Talcott
Pacific Legal Foundation
555 Capitol Mall
Suite 1290
Sacramento, CA 95814
Personal: 916-419-7111
[COR LD NTC Retained]
Caleb Randall Trotter
Pacific Legal Foundation
555 Capitol Mall
Suite 1290
Sacramento, CA 95814
Personal: 916-419-7111
[COR LD NTC Retained]

 Plaintiff - Appellant,
NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION
Plaintiff - Appellant,
Representation
James M. Manley
Pacific Legal Foundation
3241 E. Shea Boulevard
Suite 108
Phoenix, AZ 85028
Personal: 916-419-7111
[COR LD NTC Retained]
Jeremy Talcott
Pacific Legal Foundation
555 Capitol Mall
Suite 1290
Sacramento, CA 95814
Personal: 916-419-7111
[COR LD NTC Retained]
Caleb Randall Trotter
Pacific Legal Foundation
555 Capitol Mall
Suite 1290
Sacramento, CA 95814
Personal: 916-419-7111
[COR LD NTC Retained]

Defendant - Appellee,
XAVIER BECERRA, Attorney General of the State of California
Defendant - Appellee,

 Defendant - Appellee,
ROB BONTA, Attorney General of the State of California
Defendant - Appellee,
Representation
Jose Zelidon-Zepeda
AGCA - Office of the California Attorney General
455 Golden Gate Avenue
San Francisco, CA 94102
[COR LD NTC Dep State Aty Gen]

 Amicus Curiae,
CATO INSTITUTE, REASON FOUNDATION, AND INDIVIDUAL RIGHTS FOUNDATION
Amicus Curiae,
Representation
Ilya Shapiro
Cato Institute
1000 Massachusetts Avenue, NW
Washington, DC 20001
Business: 202-218-4600
Personal: 202-842-0200
[COR LD NTC Retained]

 Amicus Curiae,
GOLDWATER INSTITUTE
Amicus Curiae,
Representation
Timothy Sandefur, Attorney
Goldwater Institute
500 E Coronado Road
Phoenix, AZ 85004
Personal: 602-462-5000
[COR LD NTC Retained]

 Amicus Curiae,
INDEPENDENT INSTITUTE
Amicus Curiae,
Representation
Krystal Brunner Swendsboe
Wiley Rein, LLP
2050 M Street, NW
Washington, DC 20036
Personal: 202-719-4197
[COR LD NTC Retained]

 Amicus Curiae,
LIBERTY JUSTICE CENTER
Amicus Curiae,
Representation
Daniel Robert Suhr
Liberty Justice Center
440 N Wells Street
Suite 200
Chicago, IL 60654
Personal: 414-588-1658
[COR LD NTC Retained]

Docket Entries

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EntryFiledPDFDescription
BL-1Jul 21, 2020RequestDOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association Mediation Questionnaire due on 07/28/2020. Transcript ordered by 08/19/2020. Transcript due 09/18/2020. Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association opening brief due 10/28/2020. Appellee Xavier Becerra answering brief due 11/30/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11760402] (RT)
BL-2Jul 23, 2020RequestFiled (ECF) Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association Mediation Questionnaire. Date of service: 07/23/2020. [11763814] [20-55734] (Trotter, Caleb)
BL-3Jul 23, 2020RequestThe Mediation Questionnaire for this case was filed on 07/23/2020.<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=20-55734&csname=American Society of Journalist 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.[11764502]. [20-55734] (AD)
BL-4Jul 24, 2020ViewMEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact Circuit Mediator to discuss services available through the Circuit Mediation Program or to request a settlement assessment conference. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11765608] (BLS)
BL-5Oct 9, 2020RequestFiled (ECF) Streamlined request for extension of time to file Opening Brief by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. New requested due date is 11/25/2020. [11854574] [20-55734] (Manley, James)
BL-6Oct 9, 2020Request<b>Streamlined request [5] by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association to extend time to file the brief is approved. Amended briefing schedule: Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association opening brief due 11/27/2020. Appellee Xavier Becerra answering brief due 12/28/2020. The optional reply brief is due 21 days from the date of service of the answering brief. </b> [11854923] (BG)
BL-7Nov 24, 2020ViewSubmitted (ECF) Opening Brief for review. Submitted by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. Date of service: 11/24/2020. [11905307] [20-55734] (Manley, James)
BL-8Nov 24, 2020RequestSubmitted (ECF) excerpts of record. Submitted by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. Date of service: 11/24/2020. [11905326] [20-55734] (Manley, James)
BL-9Nov 24, 2020RequestFiled (ECF) Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association Motion to supplement record on appeal. Date of service: 11/24/2020. [11905363] [20-55734] (Manley, James)
BL-10Nov 25, 2020RequestFiled clerk order: The opening brief submitted by American Society of Journalists and Authors, Inc. and National Press Photographers Association 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. [11906221] (KT)
BL-11Nov 27, 2020RequestReceived 3 paper copies of excerpts of record in 2 volume(s) filed by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. [11908005] (LA)
BL-12Nov 27, 2020RequestReceived 6 paper copies of Opening Brief filed by American Society of Journalists and Authors, Inc. and National Press Photographers Association. [11908173] (SD)
BL-13Dec 1, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Cato Institute. Date of service: 12/01/2020. [11910239] [20-55734] (Shapiro, Ilya)
BL-14Dec 1, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Goldwater Institute. Date of service: 12/01/2020. [11911358] [20-55734] (Sandefur, Timothy)
BL-15Dec 1, 2020RequestEntered appearance of Amici Curiae Cato Institute, et al. and Goldwater Institute. [11911556] (KT)
BL-16Dec 1, 2020RequestFiled clerk order: The amicus brief submitted by Cato Institute, 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. [11911558] (KT)
BL-17Dec 1, 2020RequestFiled clerk order: The amicus brief submitted by Goldwater Institute 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. [11911561] (KT)
BL-18Dec 1, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Liberty Justice Center. Date of service: 12/01/2020. [11911768] [20-55734]--[COURT UPDATE: Attached corrected PDF of the brief. 12/03/2020 by KWG] (Kelsey, Brian)
BL-19Dec 1, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Independent Institute. Date of service: 12/01/2020. [11911782] [20-55734] (Swendsboe, Krystal)
BL-20Dec 2, 2020RequestFiled (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Xavier Becerra. New requested due date is 01/27/2021. [11912073] [20-55734] (Zelidon-Zepeda, Jose)
BL-21Dec 2, 2020Request<b>Streamlined request [20] by Appellee Xavier Becerra to extend time to file the brief is approved. Amended briefing schedule: Appellee Xavier Becerra answering brief due 01/27/2021. The optional reply brief is due 21 days from the date of service of the answering brief. </b> [11912202] (BG)
BL-22Dec 2, 2020RequestEntered appearance of Amicus Curiae Independent Institute. [11912333] (KWG)
BL-23Dec 2, 2020RequestFiled clerk order: The amicus brief submitted by Independent Institute 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. [11912386] (KWG)
BL-24Dec 3, 2020RequestEntered appearance of Amicus Curiae Liberty Justice Center. [11913530] (KWG)
BL-25Dec 3, 2020RequestFiled clerk order: The amicus brief submitted by Liberty Justice Center 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. [11913540] (KWG)
BL-26Dec 3, 2020RequestFiled (ECF) Appellee Xavier Becerra response opposing motion ( Motion (ECF Filing)). Date of service: 12/03/2020. [11913915] [20-55734] (Zelidon-Zepeda, Jose)
BL-27Dec 4, 2020RequestReceived 6 paper copies of Amicus Brief filed by Goldwater Institute. [11915452] (SD)
BL-28Dec 4, 2020RequestReceived 6 paper copies of Amicus Brief filed by Cato Institute, et al. [11915458] (SD)
BL-29Dec 4, 2020RequestReceived 6 paper copies of Amicus Brief filed by Independent Institute. [11915463] (SD)
BL-30Dec 4, 2020RequestFiled clerk order (Deputy Clerk: GS): The appellants motion (Docket Entry No. , and any further related filings are referred to the panel that will consider the merits of this case. Any discussion of the proposed attachments in the parties briefs may be stricken or disregarded if the merits panel denies the appellants motion to supplement the record. The answering brief remains due January 27, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11915766] (WL)
BL-31Dec 7, 2020RequestReceived 6 paper copies of Amicus Brief filed by Liberty Justice Center. [11917391] (SD)
BL-32Dec 10, 2020RequestFiled (ECF) Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association reply to response (). Date of service: 12/10/2020. [11922673] [20-55734] (Manley, James)
BL-33Jan 27, 2021RequestSubmitted (ECF) Answering Brief for review. Submitted by Appellee Xavier Becerra. Date of service: 01/27/2021. [11983877] [20-55734]--[COURT UPDATE: Attached corrected PDF of the brief. 01/29/2021 by KWG] (Zelidon-Zepeda, Jose)
BL-34Jan 29, 2021RequestFiled clerk order: The answering brief submitted by Xavier Becerra 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. [11986266] (KWG)
BL-35Feb 1, 2021RequestReceived 6 paper copies of Answering Brief filed by Xavier Becerra. [11989463] (SD)
BL-36Feb 11, 2021RequestFiled (ECF) Streamlined request for extension of time to file Reply Brief by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. New requested due date is 02/26/2021. [12000608] [20-55734] (Manley, James)
BL-37Feb 11, 2021Request<b>Streamlined request [36] by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association to extend time to file the brief is approved. Streamlined requests allow for 30 days. Amended briefing schedule: the optional reply brief is due 03/22/2021. </b> [12001180] (BG)
BL-38Feb 16, 2021RequestThis case is being considered for an upcoming oral argument calendar in Pasadena<br><br>Please review the Pasadena sitting dates for July 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).[12004728]. [20-55734] (KS)
BL-39Feb 16, 2021RequestThis case is being considered for an upcoming oral argument calendar in Pasadena.<br><br>Please review the Pasadena sitting dates for June 2021 as well as the July 2021 dates as mentioned in the previous notice 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). [12005070] (KJC)
BL-40Feb 17, 2021RequestFiled (ECF) Attorney Mr. James M. Manley for Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association response to notice for case being considered for oral argument. Date of service: 02/17/2021. [12006647] [20-55734] (Manley, James)
BL-41Mar 11, 2021ViewSubmitted (ECF) Reply Brief for review. Submitted by Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. Date of service: 03/11/2021. [12031707] [20-55734] (Manley, James)
BL-42Mar 11, 2021RequestFiled clerk order: The reply brief submitted by American Society of Journalists and Authors, Inc. and National Press Photographers Association 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. [12031763] (KWG)
BL-43Mar 15, 2021RequestReceived 6 paper copies of Reply Brief filed by American Society of Journalists and Authors, Inc. and National Press Photographers Association. (sent to panel) [12041450] (SD)
BL-44Mar 28, 2021RequestNotice of Oral Argument on Friday, June 11, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA.<br>The hearing time is the local time zone at the scheduled hearing location.<br><br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=20-55734"><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, any argument <b>will</b> be held with <b>all</b> attorneys appearing remotely by video or telephone. The court <b>strongly prefers</b> video arguments whenever possible. 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. <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 Friday, June 11, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12055603]. [20-55734] (KS)
BL-45May 12, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Mr. Jose Zelidon-Zepeda for Appellee Xavier Becerra. Hearing in Pasadena on 06/11/2021 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/12/2021. [12110415] [20-55734] (Zelidon-Zepeda, Jose)
BL-46May 12, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Mr. James M. Manley for Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association. Hearing in Pasadena on 06/11/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/12/2021. [12110536] [20-55734] (Manley, James)
BL-47Jun 11, 2021RequestARGUED AND SUBMITTED TO CONSUELO M. CALLAHAN, DANIELLE J. FORREST and RICHARD G. SEEBORG. [12142089] (BJK)
BL-48Jun 11, 2021RequestFiled 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>[12142533] (DR)
BL-49Oct 6, 2021RequestAppellee Xavier Becerra in 20-55734 substituted by Appellee Rob Bonta in 20-55734 [12248809] (TYL)
BL-50Oct 6, 2021ViewFILED OPINION (CONSUELO M. CALLAHAN, DANIELLE J. FORREST and RICHARD G. SEEBORG) We GRANT ASJAs motion to supplement the record with declarations showing that AB 2257 did not moot this appeal. See Johnson v. Rancho Santiago Cmty. Coll. Dist., 623 F.3d 1011, 1020 n.3 (9th Cir. 2010). AFFIRMED. Judge: CMC Authoring. FILED AND ENTERED JUDGMENT. [12248843] (MM)
BL-51Oct 12, 2021RequestFiled (ECF) Appellants National Press Photographers Association and American Society of Journalists and Authors, Inc. Unopposed Motion to extend time to file petition for rehearing until 11/03/2021. Date of service: 10/12/2021. [12253164] [20-55734] (Manley, James)
BL-52Oct 20, 2021RequestFiled (ECF) Appellants American Society of Journalists and Authors, Inc. and National Press Photographers Association petition for rehearing en banc (from 10/06/2021 opinion). Date of service: 10/20/2021. [12263121] [20-55734] (Manley, James)
BL-53Nov 1, 2021RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Independent Institute. Date of service: 11/01/2021. [12274838] [20-55734] (Swendsboe, Krystal)
BL-54Nov 1, 2021RequestFiled clerk order: The amicus brief submitted by Independent Institute is filed. No paper copies are required at this time. [12274995] (KWG)
BL-55Nov 23, 2021RequestFiled order (CONSUELO M. CALLAHAN, DANIELLE J. FORREST and RICHARD G. SEEBORG) Judge Callahan and Judge Forrest have voted to deny the petition for rehearing en banc, and Judge Seeborg so recommends. 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 is denied. Appellants motion for an extension of time to file petition for rehearing (Dkt. No. ) is denied as moot. [12296402] (WL)
BL-56Dec 1, 2021RequestMANDATE ISSUED.(CMC, DJF and RGS) [12302183] (JFF)
BL-57Feb 25, 2022Request<b>Supreme Court Case Info</b><br> Case number: 21-1172<br> Filed on: 02/22/2022<br> Cert Petition Action 1: Pending<br> [12380443] (RR)

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