Case: Brazwell v. Wagner

National Center for Youth Law

FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [10488345] (HH) [Entered: 06/26/2017 03:46 PM]

1 Docketing Letter

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2 Main Document

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Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez EMERGENCY Motion for miscellaneous relief [for Injunction Pending Resolution of Petition for Mandamus]. Date of service: 06/26/2017. [10488484] [17-71867] (Kaplan, Daniel) [Entered: 06/26/2017 04:09 PM]

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Unopposed Motion to proceed In Forma Pauperis. Date of service: 06/26/2017. [10488625] [17-71867] (Kaplan, Daniel) [Entered: 06/26/2017 04:56 PM]

Filed clerk order (Deputy Clerk: MCD): The United States is directed to file a response to the Emergency Motion for an Injunction on or before 4:00 p.m., P.D.T., July 5, 2017. [10493165] (ME) [Entered: 06/29/2017 04:22 PM]

Filed (ECF) Real Party in Interest USA and Respondent USDC-AZP response to Court order dated 06/29/2017. Date of service: 07/05/2017. [10497666] [17-71867] (Lanham, Krissa) [Entered: 07/05/2017 01:11 PM]

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez reply to response (). Date of service: 07/06/2017. [10499410] [17-71867] (Kaplan, Daniel) [Entered: 07/06/2017 01:14 PM]

1 Main Document

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2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Appendix D

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Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Unopposed Motion for miscellaneous relief [for Leave to File Reply in Support of Emergency Motion for Injunction]. Date of service: 07/06/2017. [10499424] [17-71867] (Kaplan, Daniel) [Entered: 07/06/2017 01:18 PM]

Filed clerk order (Deputy Clerk: OC): Zermeno-Gomez’s unopposed motion to file a reply brief in support of his emergency motion for an injunction pending resolution of the petition for mandamus is GRANTED. The reply brief submitted on July, 6, 2017, shall be filed. [10501068] (OC) [Entered: 07/07/2017 01:11 PM]

Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez Motion for miscellaneous relief [Supplement to Petition for Writ of Mandamus and Emergency Motion for Injunction Pending Resolution of Petition for Mandamus Under FRAP 8 and Circuit Rule 27-3]. Date of service: 07/11/2017. [10505156] [17-71867] (Kaplan, Daniel) [Entered: 07/11/2017 04:53 PM]

Filed order (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) The motion to proceed in forma pauperis (Docket Entry No. [3]) is granted. The Clerk shall amend the docket to reflect this status. Petitioners’ “Emergency Motion for Injunction Pending Resolution of the Petition for Mandamus Under FRAP 8 and Circuit Rule 27-3” (Docket Entry No. [2]) is granted. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008). Pending further order of the court, respondent United States District Court for the District of Arizona is ordered to comply with this court’s decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (en banc). This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 7 days after the date of this order, the real party in interest shall file an answer. The district court, within 7 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue an order and serve a copy on this court. Petitioner may file a reply within 5 days after service of the answer(s). The Clerk shall serve this order on the district court and Chief Judge Raner C. Collins. [10509919] (ME) [Entered: 07/14/2017 05:48 PM]

Filed (ECF) notice of appearance of Dominic Lanza for Real Party in Interest USA. Date of service: 07/21/2017. [10517000] [17-71867] (Lanza, Dominic) [Entered: 07/21/2017 11:34 AM]

Filed Judge Raner C. Collins' Answer to [11] Court Order. [10517386] (HH) [Entered: 07/21/2017 02:28 PM]

Filed (ECF) Real Party in Interest USA answer to Writ of Mandamus petition. Date of service: 07/21/2017. [10517853] [17-71867] (Lanham, Krissa) [Entered: 07/21/2017 05:43 PM]

1 Response to Petition for Writ of Mandamus

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez reply to answer to Writ of Mandamus petition. Date of service: 07/26/2017. [10522438] [17-71867] (Kaplan, Daniel) [Entered: 07/26/2017 02:19 PM]

Filed (ECF) Real Party in Interest USA citation of supplemental authorities. Date of service: 08/08/2017. [10537232] [17-71867] (Lanza, Dominic) [Entered: 08/08/2017 01:42 PM]

1 FRAP 28j Correspondence

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2 Exhibit A to FRPA 28j Correspondence

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Filed (ECF) Petitioners Gustavo Hernandez-Gutierrez, Martin Rios-Arias and Rodrigo Zermeno-Gomez citation of supplemental authorities. Date of service: 08/09/2017. [10538744] [17-71867] (Kaplan, Daniel) [Entered: 08/09/2017 12:41 PM]

Order filed for PUBLICATION (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) GRANTED; [] [10558098]--[COURT UPDATE: Replaced PDF of order. Order edited to indicate correct Magistrate Judges. 08/29/2017 by RY] (RMM) [Entered: 08/25/2017 06:45 AM]

Filed (ECF) Real Party in Interest USA Unopposed Motion to extend time to file petition for rehearing until 10/10/2017. Date of service: 08/31/2017. [10566066] [17-71867] (Lanham, Krissa) [Entered: 08/31/2017 02:44 PM]

Filed order (ALFRED T. GOODWIN, ALEX KOZINSKI and MARSHA S. BERZON) The unopposed motion for an extension of time to file a petition for rehearing and suggestion for rehearing en banc (Docket Entry No. [20]) is granted. The petition for rehearing and suggestion for rehearing en banc are now due October 10, 2017. [10570310] (OC) [Entered: 09/06/2017 09:57 AM]

Filed (ECF) Real Party in Interest USA Correspondence: Letter re no intent to seek rehearing. Date of service: 09/13/2017 [10579033] [17-71867] (Lanham, Krissa) [Entered: 09/13/2017 10:29 AM]

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Daniel David Dydzak opening brief due 06/18/2018. Appellees 1st Century Bancshares, Inc., 1st Century Bank, N.A., Richard Alexander, Carlos T. BEA, Andre Birotte Jr., Jeffrey Laurence Bleich, William C. Canby, Tani Cantil-Sakauye, Charles Schwab, Edward M. Chen, Molly C. Dwyer, Ferdinand F. FERNANDEZ, Michael W. Fitzgerald, Ronald M. GOULD, Eric M. George, Ronald M. George, Thomas V. Girardi, Michael Daly HAWKINS, Andrew D. HURWITZ, Phyllis J. Hamilton, Edward LEAVY, Thomas Layton, Virginia A. Philips, Mathew C. Rogers, Yvonne Gonzalez Rogers, Alan Rothenberg, Barry G. SILVERMAN, Peter Lind Shaw, State Bar of California, Richard C. TALLMAN, A. Wallace TASHIMA, Kim McClane Wardlaw, William Wardlaw, Claudia Wilken, Stephen V. Wilson and Ottis Wright II answering brief due 07/18/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10842079] (RT) [Entered: 04/18/2018 04:16 PM]

Filed Appellant Daniel David Dydzak motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/29/2018. [10898244] (JFF) [Entered: 06/06/2018 09:36 AM]

Filed clerk order (Deputy Clerk: DA): On April 16, 2018, appellant filed a notice of appeal challenging the district court’s March 19, 2018 and March 29, 2018 orders. A review of the record reflects that the district court entered judgment on April 20, 2018. Appellant filed a new notice of appeal of the district court’s judgment on May 16, 2018, which is pending as appeal No. 18-15900. Within 21 days after the date of this order, appellant shall file a motion for voluntary dismissal of this appeal No. 18-15674, or show cause why this appeal No. 18-15674 should not be dismissed as duplicative of pending appeal No. 18-15900. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings which produced the judgment).   Briefing for this appeal is stayed. See 9th Cir. R. 27-11(a)(4). [10904261] (CKP) [Entered: 06/11/2018 02:32 PM]

Filed order (Deputy Clerk: DA) The court’s June 11, 2018 order to show cause directed appellant to either file a motion for voluntary dismissal of this appeal No. 18-15674, or show cause why this appeal No. 18-15674 should not be dismissed as duplicative of pending appeal No. 18-15900. See Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (an appeal from a final judgment draws into question all earlier, non-final orders and rulings which produced the judgment). To date, appellant has not filed a response to the court’s June 11, 2018 order to show cause. Appeal No. 18-15674 is dismissed as duplicative of pending appeal No. 18-15900. This order served on the district court shall act as and for the mandate of this court for appeal No. 18-15674. [10949641] (JMR) [Entered: 07/20/2018 10:13 AM]