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Court Dockets
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 21-16227
Docket for Case #: 21-16227
State of Arizona v. Janet Yellen, et al
DOCKET INFORMATION
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| Amicus Curiae, |
GOLDWATER INSTITUTE
Amicus Curiae,
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| Representation | |||
| Jacob H. Huebert Liberty Justice Center 440 N Wells Street Suite 200 Chicacgo, IL 60654 Personal: 312-637-2280 [COR LD NTC Retained] | |||
| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Jul 26, 2021 | View | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant State of Arizona Mediation Questionnaire due on 08/02/2021. Transcript ordered by 08/23/2021. Transcript due 09/21/2021. Appellant State of Arizona opening brief due 11/01/2021. Appellees Richard K. Delmar, United States Department of the Treasury and Janet Yellen answering brief due 12/01/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12182751] (JBS) |
| BL-2 | Jul 27, 2021 | Request | Filed (ECF) notice of appearance of Daniel Lee Winik (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Washington, D.C. 20530) for Appellees Janet Yellen, United States Department of the Treasury and Richard K. Delmar. Substitution for Attorney Charles E.T. Roberts for Appellees Richard K. Delmar, United States Department of the Treasury and Janet Yellen. Date of service: 07/27/2021. (Party was previously proceeding with counsel.) [12183636] [21-16227] (Winik, Daniel) |
| BL-3 | Jul 27, 2021 | Request | Attorney Charles E.T. Roberts substituted by Attorney Daniel L. Winik. [12183813] (RL) |
| BL-4 | Aug 2, 2021 | Request | Filed (ECF) Appellant State of Arizona Unopposed Motion to expedite case. Date of service: 08/02/2021. [12189929] [21-16227] (Ensign, Drew) |
| BL-5 | Aug 5, 2021 | Request | Filed (ECF) notice of appearance of Alisa B. Klein (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Washington DC 20530) for Appellees Richard K. Delmar, United States Department of the Treasury and Janet Yellen. Date of service: 08/05/2021. (Party was previously proceeding with counsel.) [12192846] [21-16227] (Klein, Alisa) |
| BL-6 | Aug 5, 2021 | Request | Added Attorney(s) Alisa Beth Klein for party(s) Appellee United States Department of the Treasury Appellee Richard K. Delmar Appellee Janet Yellen, in case 21-16227. [12193001] (RR) |
| BL-7 | Aug 6, 2021 | Request | Filed clerk order (Deputy Clerk: AC): The unopposed motion to expedite (Docket Entry No. ) is granted. The opening brief is due August 20, 2021. The answering brief is due October 5, 2021. The optional reply brief is due October 26, 2021. The Clerk will place this appeal on the calendar for January 2022. See 9th Cir. Gen. Order 3.3(f). [12193884] (WL) |
| BL-8 | Aug 20, 2021 | View | Submitted (ECF) Opening Brief for review. Submitted by Appellant State of Arizona. Date of service: 08/20/2021. [12207968] [21-16227] (Ensign, Drew) |
| BL-9 | Aug 20, 2021 | Request | Submitted (ECF) excerpts of record. Submitted by Appellant State of Arizona. Date of service: 08/20/2021. [12207970] [21-16227] (Ensign, Drew) |
| BL-10 | Aug 23, 2021 | View | Filed clerk order: The opening brief submitted by State of Arizona 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. [12208388] (LA) |
| BL-11 | Aug 26, 2021 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Goldwater Institute. Date of service: 08/26/2021. [12212262] [21-16227] (Huebert, Jacob) |
| BL-12 | Aug 27, 2021 | Request | Entered appearance of Amicus Curiae Goldwater Institute. [12213317] (KWG) |
| BL-13 | Aug 27, 2021 | Request | Filed 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. [12213326] (KWG) |
| BL-14 | Aug 27, 2021 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of Ohio, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. Date of service: 08/27/2021. [12213494] [21-16227] (Flowers, Benjamin) |
| BL-15 | Aug 27, 2021 | View | Submitted (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 and National Federation of Independent Business Small Business Legal Center. Date of service: 08/27/2021. [12213534] [21-16227] (Clement, Paul) |
| BL-16 | Aug 27, 2021 | Request | Entered appearance of Amici Curiae State of Ohio, et al., Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal. [12213787] (KWG) |
| BL-17 | Aug 27, 2021 | Request | Filed clerk order: The amicus brief submitted by State of Ohio, 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. [12213813] (KWG) |
| BL-18 | Aug 27, 2021 | Request | Filed clerk order: The amicus brief submitted by Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal 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. [12213827] (KWG) |
| BL-19 | Aug 30, 2021 | Request | Received 3 paper copies of excerpts of record in 3 volume(s) and index volume filed by Appellant State of Arizona. [12215215] (KT) |
| BL-20 | Aug 30, 2021 | Request | Received 6 paper copies of Opening Brief filed by State of Arizona. [12215610] (SD) |
| BL-21 | Aug 31, 2021 | Request | Received 6 paper copies of Amicus Brief filed by Goldwater Institute. [12217754] (SD) |
| BL-22 | Aug 31, 2021 | Request | Received 6 paper copies of Amicus Brief filed by Chamber of Commerce of the United States of America and National Federation of Independent Business Small Business Legal Center. [12217759] (SD) |
| BL-23 | Sep 1, 2021 | Request | Received 6 paper copies of Amicus Brief filed by State of Ohio, et al. [12217764] (SD) |
| BL-24 | Sep 22, 2021 | Request | This case is being considered for an upcoming oral argument calendar in San Francisco<br><br>Please review the San Francisco sitting dates for January 2022 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).[12236164]. [21-16227] (KS) |
| BL-25 | Oct 1, 2021 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by National Taxpayers Union Foundation. Date of service: 10/01/2021. [12245011] [21-16227]--[COURT UPDATE: Attached corrected PDF of the brief. 10/01/2021 by KWG] (Henchman, Joseph) |
| BL-26 | Oct 1, 2021 | Request | Filed (ECF) Attorney Drew C. Ensign for Appellant State of Arizona response to notice for case being considered for oral argument. Date of service: 10/01/2021. [12245071] [21-16227] (Ensign, Drew) |
| BL-27 | Oct 1, 2021 | Request | Filed (ECF) Appellant State of Arizona citation of supplemental authorities. Date of service: 10/01/2021. [12245073] [21-16227] (Ensign, Drew) |
| BL-28 | Oct 1, 2021 | Request | Entered appearance of Amicus Curiae - Pending National Taxpayers Union Foundation. [12245079] (KWG) |
| BL-29 | Oct 5, 2021 | Request | Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Janet Yellen, Richard K. Delmar and United States Department of the Treasury. Date of service: 10/05/2021. [12247478] [21-16227] (Winik, Daniel) |
| BL-30 | Oct 5, 2021 | Request | Submitted (ECF) Answering Brief for review. Submitted by Appellees Janet Yellen, Richard K. Delmar and United States Department of the Treasury. Date of service: 10/05/2021. [12248106] [21-16227] (Winik, Daniel) |
| BL-31 | Oct 5, 2021 | Request | Filed clerk order: The answering brief submitted by appellees 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. [12248275] (LA) |
| BL-32 | Oct 5, 2021 | Request | Filed clerk order (Deputy Clerk: AF): The Motion for Leave to File Amicus Curiae Brief Out of Time in Support of Plaintiff-Appellant and Reversal by National Taxpayers Union Foundation, Docket Number , is GRANTED. [12248515] (AF) |
| BL-33 | Oct 5, 2021 | Request | Filed clerk order: The amicus brief submitted by National Taxpayers Union Foundation 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. [12248622] (LA) |
| BL-34 | Oct 8, 2021 | Request | Received 6 paper copies of Amicus Brief filed by National Taxpayers Union Foundation. [12252133] (CPA) |
| BL-35 | Oct 12, 2021 | Request | Received 4 paper copies of supplemental excerpts of record in 1 volume(s) filed by Appellees. [12254397] (LA) |
| BL-36 | Oct 12, 2021 | Request | Received 6 paper copies of Answering Brief filed by appellees. [12254552] (CPA) |
| BL-37 | Oct 19, 2021 | Request | Filed (ECF) Appellant State of Arizona Unopposed Motion to extend time to file Reply brief until 11/05/2021. Date of service: 10/19/2021. [12262043] [21-16227] (Ensign, Drew) |
| BL-38 | Oct 19, 2021 | Request | Filed (ECF) Appellant State of Arizona Corrected Motion to extend time to file Reply brief until 11/05/2021. Date of service: 10/19/2021. [12262167] [21-16227] (Ensign, Drew) |
| BL-39 | Oct 21, 2021 | Request | Filed text clerk order (Deputy Clerk: OC): Appellants motion to extend the time to file the reply brief , is granted. [12265076] (OC) |
| BL-40 | Oct 31, 2021 | Request | Notice of Oral Argument on Thursday, January 13, 2022 - 09:30 A.M. - Courtroom 1 - 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/?caseno=21-16227"><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 may have the option to appear in person at the Courthouse or remotely by video. Check <a href="https://cdn.ca9.uscourts.gov/datastore/general/2021/08/09/Covid-Updates.pdf">here</a> 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, <b>and any attorney wishing to appear in person must provide proof of vaccination</b>. 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/oral-argument-information/">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 28 days before Thursday, January 13, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12273675]. [21-16227] (KS) |
| BL-41 | Nov 5, 2021 | View | Submitted (ECF) Reply Brief for review. Submitted by Appellant State of Arizona. Date of service: 11/05/2021. [12280457] [21-16227] (Ensign, Drew) |
| BL-42 | Nov 5, 2021 | View | Submitted (ECF) further excerpts of record. Submitted by Appellant State of Arizona. Date of service: 11/05/2021. [12280459] [21-16227] (Ensign, Drew) |
| BL-43 | Nov 8, 2021 | Request | Filed clerk order: The reply brief submitted by State of Arizona 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. [12280680] (KWG) |
| BL-44 | Nov 12, 2021 | Request | Received 3 paper copies of further excerpts of record in 1 volume(s) filed by Appellant State of Arizona. (sent to panel) [12285628] (LA) |
| BL-45 | Nov 12, 2021 | Request | Received 6 paper copies of Reply Brief filed by State of Arizona. (sent to panel) [12285705] (SD) |
| BL-46 | Nov 22, 2021 | Request | Filed (ECF) Appellant State of Arizona citation of supplemental authorities. Date of service: 11/22/2021. [12294794] [21-16227] (Ensign, Drew) |
| BL-47 | Dec 7, 2021 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel L. Winik for Appellees Richard K. Delmar, United States Department of the Treasury and Janet Yellen. Hearing in San Francisco on 01/13/2022 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: No. 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: 12/07/2021. [12307769] [21-16227] (Winik, Daniel) |
| BL-48 | Dec 28, 2021 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Drew C. Ensign for Appellant State of Arizona. Hearing in San Francisco on 01/13/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) 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: 12/28/2021. [12325764] [21-16227] (Ensign, Drew) |
| BL-49 | Dec 30, 2021 | Request | Notice of Oral Argument on Thursday, January 13, 2022 - 11:00 A.M. - Courtroom 1 - 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/?caseno=21-16227"><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 may have the option to appear in person at the Courthouse or remotely by video. Check <a href="https://cdn.ca9.uscourts.gov/datastore/general/2021/08/09/Covid-Updates.pdf">here</a> 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, <b>and any attorney wishing to appear in person must provide proof of vaccination</b>. 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/oral-argument-information/">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 28 days before Thursday, January 13, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12328248]. [21-16227] (KS) |
| BL-50 | Jan 13, 2022 | Request | ARGUED AND SUBMITTED TO RONALD M. GOULD, MARK J. BENNETT and RYAN D. NELSON. [12340338] (EJF) |
| BL-51 | Jan 13, 2022 | Request | Filed 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>[12344255] (TG) |
| BL-52 | Feb 3, 2022 | Request | Filed (ECF) Appellees Janet Yellen, Richard K. Delmar and United States Department of the Treasury Correspondence: publication of final rule. Date of service: 02/03/2022 [12359739] [21-16227] (Winik, Daniel) |
| BL-53 | May 19, 2022 | Request | FILED OPINION (RONALD M. GOULD, MARK J. BENNETT and RYAN D. NELSON) REVERSED AND REMANDED. Judge: RMG Authoring, Judge: RDN Concurring. FILED AND ENTERED JUDGMENT. [12450951] (AKM) |